Title IX - Confidentiality
Employees of the Human Resources/Affirmative Action Office and responsible administrators receiving reports of sexual misconduct, sex discrimination and/or unlawful harassment shall maintain confidentiality of information received, except where disclosure is required by law or is necessary to facilitate legitimate College processes, including the investigation and resolution of sexual misconduct, sex discrimination and/or unlawful harassment allegations.
Complaints about faculty and staff may be subject to public records requests. In addition, there may be situations that mandate reporting, such as child or elder abuse.
Complaints about students are protected under federal law, the Federal Educational Rights and Privacy Act. Information can only be shared within the College if there is a “legitimate educational need”. In order for information to be shared outside of the College, a survivor would need to give explicit permission, information would need to be subpoenaed or on eo of the other exceptions occurred. If a survivor or co-survivor has any questions about what will happen if they share information with any College employee, it is important to ask.
Rose State College is obliged to follow up on all allegations. There are times when a one-on-one conversation between a College official and the alleged harasser can resolve the situation without revealing the complainant’s identify. If this doesn’t work or if the situation is not appropriate for this kind of resolution, then it may be necessary to reveal the complainant’s identity to conduct an investigation.
All member of the College community may contact the Office of Human Resources/AAO at any time to ask questions about sexual misconduct, sexual discrimination and unlawful harassment or complaint procedures without disclosing their names or making an official complaint.
Although anonymous complaints are discouraged, the College will reasonably respond to all allegations of sexual misconduct, sex discrimination and unlawful harassment. To determine the appropriate response to an anonymous allegation, the College will weigh the following factors:
- The source and nature of the information;
- The seriousness of the alleged incident;
- The specificity of the information;
- The objectivity and credibility of the source of the report;
- Whether any individuals can be identified who were subjected to the alleged harassment; and
- Whether those individuals want to pursue the matter.
If based on these factors, it is reasonable for the College to investigate the matter, the Human Resources/Affirmative Action Office will conduct an investigation and recommend appropriate action to address substantiated allegations. However, a reasonable response would not include disciplinary action against an alleged harasser if an accuser insists that his or her name not be revealed, if there is insufficient corroborating evidence and if the alleged harasser could not respond to the charges of sexual misconduct, sex discrimination and/or unlawful harassment without knowing the name of the accuser.