Privacy of Information and the Right Not to Pursue

The university will take precautions to preserve the privacy of information disclosed and/or collected during the investigation of a reported violation of this policy. Information maintained by the university as a part of this policy, which may include the names of parties and witnesses, will remain confidential, except as may be permitted by university policy, the Family Educational Rights and Privacy Act (FERPA), as required by law, or as necessary to implement this policy.

When a report of an allegation of this policy is received, the Title IX Coordinator (or designee) will offer to meet with the complainant, if available, and coordinate the university’s response. If the complainant does not allege any violation of the Title IX and Sexual Misconduct policy; if other resolution options are appropriate; or if a complainant does not want to pursue further action or does not respond, then the report will not move forward under this policy unless circumstances dictate that the university must act. These instances will be considered on a case-by-case basis and the complainant will be informed when their wishes cannot be upheld. The university reserves the right to pursue its own investigation when it has reason to believe the respondent is an imminent threat to the health and safety of the complainant and/or the university community. The complainant is not obligated to participate in an investigation pursued by the university

Regardless of a request that an investigation not be pursued, the university may still provide supportive measures and resources to involved parties. The university will not only take steps to prevent retaliation but also take strong responsive action if retaliation occurs, even if a formal complaint is not pursued.

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