8.0.3 Accuser Requests Confidentiality

If the accuser requests confidentiality, under Title IX, the College is still required to investigate and take reasonable action in response to the accuser’s request. The accuser should be informed that in such situations that the College’s ability to take action is likely to be limited.

In such cases, Title IX requires the College to evaluate the accuser’s request(s) that the complaint not be adjudicated or remain confidential due to the College’s legal and moral obligation to provide a reasonably safe and non-discriminatory environment for all students, faculty, administrative and staff employees. In order to make such an evaluation, the College may conduct a preliminary investigation into the alleged Sexual Misconduct and will weigh the accuser’s request(s) for confidentiality against the following factors: the seriousness of the alleged Sexual Misconduct, whether there have been other complaints of Sexual Misconduct against the same individual, and the accused’s rights to receive information about the allegations if the accused is a student and the College maintains such information as an educational record under the Family Education Rights and Privacy Act (FERPA).

The College will inform the accuser if the College cannot ensure confidentiality. Even if the College cannot take disciplinary action against the accused because the accuser insists on confidentiality or that the complaint not be adjudicated, Title IX requires the College to take prompt and effective action to limit the effects of the alleged Sexual Misconduct and to prevent its recurrence. The College reserves the authority to issue a no-contact order and other measures as indicated in this policy.

The Title IX Coordinator, charged with coordinating investigative and disciplinary procedures, will disclose confidential information regarding instances of sexual misconduct only on a need-to-know basis. Notwithstanding the College’s respect for the accuser’s confidentiality, the College will disclose information relating to instances of Sexual Misconduct to appropriate legal authorities where it has a legal obligation to do so.

Approved May 18, 2015