Confidentiality

The Title IX Coordinator is required to investigate any report of alleged sex and gender based misconduct and to ensure measures are taken to stop adverse behavior and prevent its recurrence, as appropriate. Each report is reviewed individually and it is important to note that not every report leads to a disciplinary process.

A student can request confidentiality after making a Title IX report. For example, a complainant may request that his or her name not be disclosed or that an investigation not be conducted regarding the alleged harassment. If the complainant requests confidentiality, the Title IX Coordinator will take all reasonable steps to investigate and respond to the complaint consistent with the student’s request. The University will evaluate any confidentiality requests in the context of its responsibility to provide a safe and nondiscriminatory environment for all students. For example, if there have been other similar accusations against the same respondent such that the University is concerned about the safety of its students, the University may not be able to respect a request for confidentiality.

If the University can honor the complainant’s request for confidentiality, the Title IX Coordinator’s ability to investigate the incident could be limited. For example, the University cannot take disciplinary action against the respondent if the complainant requests that his or her name not be revealed.

Even when confidentiality is not requested, the University makes every effort to protect the privacy of all individuals involved in such reporting or investigation, yet it cannot always be guaranteed depending on the nature of the incident.

Any alleged incidents of sexual violence must be reported to the Office of Student Services so they may be included in the University’s crime log and the annual security report. Crimes of sexual violence can be reported without disclosing either party’s name or any other information that would identify the parties.

Complaints involving students are protected under the Family Education Rights and Privacy Act (FERPA) but may be disclosed for legitimate educational purposes within the University. To disclose the information outside of the University, any affected students would have to give explicit permission for the information to be shared through the Disclosure of Information Form available at the FNU Publications webpage and at the Office of the Registrar, except as described below.

Under FERPA the University does not need student consent to:

Disclose to the complainant information about the sanction imposed upon a student respondent who was found to have engaged in harassment when the sanction directly relates to the complainant; disclose to the complainant the final results of a disciplinary proceeding against the respondent, regardless of whether the University concluded that a violation was committed, when the conduct involves a crime of violence or a non-forcible sex offense; and disclose to anyone—not just the complainant—the final results of a disciplinary proceeding if it determines that the student respondent is an alleged perpetrator of a crime of violence or a non-forcible sex offense, and, with respect to the allegation made, the student has committed a violation of the institution’s rules or policies.

Medical records are confidential and medical and health professionals are required to maintain confidentiality with regard to the patient’s information.