Marygrove will make reasonable and appropriate efforts to preserve complainants’ and alleged perpetrators’ privacy and to protect the confidentiality of information, including but not limited to, record-keeping that excludes personally identifiable information on victims to the extent required by law. Marygrove will only disclose information regarding complaints under this policy on a need to know basis, primarily to persons who are responsible for its investigation and any reporting requirements.
Marygrove strongly supports a complainant’s interest in confidentiality in cases involving sexual violence. If a complainant requests confidentiality, the Title IX Director will determine whether Marygrove can honor this request while providing a safe and nondiscriminatory environment for all students, faculty and staff, including the student who reported the sexual violence. A complainant’s request for confidentiality could preclude a meaningful investigation; therefore, Marygrove will consider whether there are circumstances present that demonstrate a risk that the alleged perpetrator may commit additional acts of sexual violence or other violence. These include, for example, whether other sexual violence complaints have been received about the same alleged perpetrator; whether the alleged perpetrator has a history of arrests; whether the alleged perpetrator has a history of violence; whether the alleged perpetrator threatened further sexual violence or other violence against the student or others. Other factors include whether the sexual violence was perpetrated with a weapon, and the age of the individual subjected to the sexual violence.
If the complainant asks that the complaint not be pursued, Marygrove will take reasonable steps to investigate and respond to the complaint consistent with the request not to pursue an investigation. Even when a complainant asks that a complaint not be pursued or that information be kept confidential, if necessary, Marygrove will take action to protect the victim. This may include providing support services and changing living arrangements or course schedules, assignments, or tests as appropriate.
Responsible & Confidential Employees
A Responsible Employee is any College Employee who is not a Confidential Employee. A Responsible Employee is required to report to the designated Title IX Coordinator all relevant details (obtained directly or indirectly) about an incident of Prohibited Conduct that involves any Student as a Complainant, Respondent, and/or witness, including dates, times, locations, and names of parties and witnesses. Responsible Employees include Resident Assistants and Graduate Teaching Assistants.
Responsible Employees are not required to report information disclosed (1) at public awareness events (e.g., “Take Back the Night,” candlelight vigils, protests, “survivor speak-outs” or other public forums in which students may disclose incidents of Prohibited Conduct; collectively, “Public Awareness Events”).
A Confidential Employee is (1) any Employee who is a licensed medical, clinical or mentalhealth professional (e.g., physicians, nurses, physicians’ assistants, psychologists, psychiatrists, professional counselors and social workers, and those performing services under their supervision), when acting in that professional role in the provision of services to a patient who is a Student (“health care providers”); and (2) any Employee providing administrative, operational and/or related support for such health care providers in their performance of such services. A Confidential Employee will not disclose information about Prohibited Conduct to the designated Title IX Coordinator without the Student’s permission.