Additional Policy Provisions
University students, faculty, and staff are responsible for knowing the information, policies and procedures outlined in this document.
Confidentiality/Privacy
Every effort is made by the Title IX Coordinator to preserve the confidentiality of reports. For the purpose of this Policy, privacy and confidentiality have distinct meanings.
Privacy means that information related to a complaint will be shared with a limited number of university employees who “need to know” to assist in the assessment, investigation, and resolution of the complaint.
Confidentiality exists in the context of laws (including Title IX) that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses, and others, with their patients, clients, parishioners, and spouses. The University has designated individuals who have the ability to have privileged communications as Confidential Resources.
The Title IX Coordinator reserves the right to determine which University officials have a legitimate educational interest in being informed about incidents that fall under this Policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).
Only a small group of officials who need to know will typically be told about the complaint, including but not limited to: Human Resources/Compliance Office, University Police, and the Behavioral Intervention Team. Information will be shared as necessary with Investigators, Hearing Officers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.
The university may contact parents/guardians/emergency contact of students to inform them of situations in which there is a significant and articulable health and/or safety risk but will usually consult with the student first before doing so.
Preservation of Evidence
The preservation of evidence is important and often time sensitive. In its initial meeting, the University will inform the Complainant (and Respondent once the Resolution Process is initiated) of the importance of preserving evidence, including through the process of prompt medical examinations and assistance as well as preserving electronic data, social media postings, messages, and other documentary evidence. The parties will also be informed about the importance of preserving evidence in the written Notice of Investigation and Allegations.
Data & Record Keeping
University must handle records and information created or maintained pursuant to this Policy in accordance with applicable state and federal laws and University policies. The university maintains Title IX records for 7 (seven) years.
Changes or Termination of this Policy
The university reserves the right to modify, amend, or terminate this Policy at any time. Nothing in this Policy shall affect the inherent authority of the university to take such actions as it deems appropriate to further its educational mission or to protect the safety and security of the university students, faculty, and staff. Students, faculty, and staff are encouraged to check online for the most current version of all policies and procedures. If government regulations change in a way that impacts this document, this document will be constructed to comply with government regulations in their most recent form.