Title IX & Preventing Discrimination, Harassment & Sexual Misconduct

Title IX & Preventing Discrimination, Harassment & Sexual Misconduct


Details on Confidentiality with Sexual Misconduct Reports

The College encourages victims of sexual violence/misconduct to talk to somebody about what happened, to get the support they need and so the College can respond appropriately.  The College will strive to protect the confidentiality of the parties and records to the extent permitted by law. Confidentiality is a sensitive and important issue.  Typically, the College keeps reports confidential as much as possible.  As part of achieving this, the victim’s name and other personally identifiable information will not usually be disclosed, except when it is necessary for the investigation.  The requirements for confidentiality, although heavily weighted, are determined on a case by case basis to fit the unique needs of the investigation.  Please note, publicly available records, if any, related to a report and investigation will not usually include a name or personally identifiable information.  The College will evaluate requests for confidentiality in the context of its responsibility to provide a safe and nondiscriminatory environment for all students.  The College may weigh the request for confidentiality against the following factors:

• The seriousness of the alleged misconduct;
• If the complainant is a minor and/or whether there have been other complaints about the same individual;
• Whether the incident was perpetrated with a weapon;
• The potential risk that the alleged perpetrator will commit additional acts of sexual or other violence;
• Whether the College possesses other means to obtain relevant evidence of the sexual violence (security cameras or personnel, physical evidence); and
• The alleged perpetrator’s rights to receive information about the allegations if the information is maintained by the school as an “education record” under the Family Educational Rights and Privacy Act (FERPA).

If the College honors the request for confidentiality, a victim must understand that the College’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited.  Although rare, there are times when the College may not be able to honor a victim’s request in order to provide a safe, non-discriminatory environment for all students.  If the College determines that it cannot maintain a victim’s confidentiality, the College will inform the victim prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the College’s investigation.

Victims may also report the sexual misconduct/violence to a Confidential Advisor.  A Confidential Advisor has a greater ability to provide confidential support and privileged communication.  Confidential Advisors provide emergency and ongoing support to survivors of sexual violence.  A survivor may choose to report to such persons without notifying the police or the College.  Confidential Advisors provide private, confidential and privileged communications with survivors of sexual violence.  At the survivor’s request, a Confidential Advisor may liaise with College officials, Campus Security, and/or local law enforcement.  A Confidential Advisor may also work with the necessary campus authorities to secure interim protective measures and accommodations for the survivor.  The College partners with the Vermilion County Rape Crisis Center to provide victims with access to a Confidential Advisor.  The Vermilion County Rape Crisis Center is located at 1630 Georgetown Road, Tilton, Illinois.  They can be reached 24 hours/day at 1-866-617-3227 or 217-446-1337.

 

 

 

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