I am a professor and I was recently appointed as a department head at a university in the south. Three months ago, and before my appointment to the department head position, a female student informed me that she was harassed and physically molested by a male professor in the same department. She claims that he often asked about her personal sexual life, frequently touched and rubbed her thighs, and grabbed her breasts. She felt very intimidated and terrified by his actions and stopped going to his office to ask for academic assistance. She earned a B in the course (she feels it was a fair grade). The incidents occurred about a year before she told me about them. The student asked me not to take any action on this matter and to protect her privacy. I gave her my word that I will not betray her trust and encouraged her to speak to the department head or to the dean. The student refused (and continues to refuse) any intervention.
I am very concerned about the situation. The student is angry and is still traumatized by the incident and I feel that she needs counseling. The professor teaches difficult courses and students must come to his office for academic assistance. Some female students are spending hours in his office (often with the door closed) and I am certainly worried. I am also concerned about any legal liability that may arise from the old incidents or from a new one. Even if I have no legal liability, I feel a moral and ethical obligation to protect our female students from any potential violations by this person. I need all the advice that I can get. My thanks to all of you, and especially to the wonderful people who run this forum.

Unfortunately, at this point, there is a legal liability against not only the harassing professor, but also the university and you. Refer to the US Supreme Court case of Faragher v. the City of Boca Raton (http://supct.law.cornell.edu/supct/html/97-282.ZS.html

This court decision has huge impacts on the way an employer handles sexual harassment case. It put forth the concept that an employer is not only liable for sexual harassment incidents that are reported to it but also for cases that it should have known about. The net impact of this case is that all employers must provide affirmative training about avoiding discrimination and harassment. Further, all persons in authority in that employer are required to report incidences to the employer.

In Faragher v. the City of Boca Raton, the situation is remarkably similar to that which you described in your own situation. The female victim confided about a harassment issue involving her supervisor to a friend, another person who was not her supervisor and yet had supervisor responsibilities. The woman asked her friend to keep the matter confidential. Later, when the female victim filed a complaint against her former employer, it was determined that the employer was liable as one of their staff members was aware of the situation and did not report it.

What can a person do to avoid this in the future? I always tell a confiding employee that I am legally required to report the matter. However, I will do my best to ensure that only those with a legitimate need to know will be informed about the matter. Further, federal law (and many state laws) prohibit retaliation against a person who comes forward with a complaint of harassment or participates in an investigation of harassment.

So, what advice can I give you now? I would immediately report the matter to the university authorities (perhaps a personnel/hr department). If you are able to talk with the student, you should let her know that you have learned that you are legally required to report it (as stated above). I wouldn't go out of my way to contact the student on that information, however, without direction from the university authorities as you don't want to be accused of initimidation. Also, becase you don't want to be found as legally liable for this matter any further than can be proven as your liability, I would put any conversation I had with the university authorities in writing. I would send them that recap of the conversation with a return receipt required OR a signature indicating that they have received this information.

The university is then required to immediately act upon the matter. They should give a letter to the alleged victim, letting her know that they have just been informed of this situation and then letting her know that they plan to investigate the matter immediately and, assuming that harassment is or has occurred, that they will put a stop to it immediately. They should let her know that the university has a strict policy against discrimination and harassment. Further, their policy prohibits retaliation.

I want to add one other statement to this post...let's say that the student denies ever talking with you and/or denies that there has been a harassment. By reporting the matter, you have done what you could do to protect this student. It takes you out of the liability picture.

With that in mind, what is potential loss to you by reporting a situation that is not supported by the alleged victim? Nothing, except perhaps the other professor's feeling's towards you. Even then, he cannot take action against you. You did what you are legally required to do. As such, the law does not permit retaliation. Another potential impact is that the student may feel that you betrayed her confidence. If that happens, you can tell her what you learned about the law. The law requires you to report the matter, with or without the participants' approval. It does not require you to keep confidences...in fact the opposite is true...you are required to violate confidences if the situation you have observed is illegal.

Unlike a priest or lawyer (where the latter is required to comply with client/attorney confidentiality privileges), you are not subject to confidentiality standards, from a legal perspective. To put it into another context, let's say that instead of hearing about a harassment issue, you were told that a student committed a serious crime, such as murder, and is intending to kill again. Would you keep that confidence? If you do report it to the police and the police find that it is true, you are released from being seen as an accomplice. Does that analogy help in understanding your role in this matter?