Bates College is committed to protecting the privacy of all individuals involved in any report under this policy. The college will not share: the identity of any individual who has made a complaint of discrimination, harassment, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of discrimination, harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), Family Educational Rights and Privacy Act (FERPA)<\/a> and its implementing regulations, or as required by law; including any investigation, or resolution proceeding arising under these policies and procedures.<\/p>\n\n\n\n All college employees who are involved in the college\u2019s response, including investigators and hearing officers, receive specific instruction about respecting and safeguarding private information in accordance with state and federal laws. Throughout the process, every effort will be made to protect the privacy interests of all individuals involved in a manner consistent with the need for a thorough review of the report. Such a review is essential to protecting the safety of the Complainant, the Respondent, and the broader campus community and to maintaining an environment free from discrimination and harassment.<\/p>\n\n\n\n The college recognizes that allegations under this policy may include multiple forms of discrimination and harassment as well as violations of other Bates policies; may involve various combinations of students, employees, and other members of the college community; and may require the simultaneous attention of multiple departments. Accordingly, all college officials addressing aspects of the same complaint will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable policies, to provide uniform, consistent, efficient, and effective responses to the alleged discrimination, harassment, or retaliation.<\/a><\/p>\n\n\n\n The privacy of student educational records will be protected in accordance with the FERPA, as outlined on the Bates Registrar\u2019s webpage<\/a>. The use of employee records is governed by Human Resources policies outlined in the Employee Handbook<\/a>, as well as federal and state law. The disclosure of private information contained in medical records is protected by the Health Insurance Portability and Accountability Act (HIPAA)<\/a>. Privacy and confidentiality have distinct meanings under this policy.<\/p>\n\n\n\n Privacy means that information related to a report made under this policy will only be shared with a limited group of individuals who \u201cneed to know\u201d in order to assist in the active review, investigation, or resolution of the report; and the information shared will be limited to the bare minimum necessary. While not bound by confidentiality, these individuals will be discreet, and respect and safeguard the privacy of all individuals involved in the process. <\/p>\n\n\n\n The college reserves the right to contact parents\/guardians of students to inform them of situations in which there is a significant and articulable health and\/or safety risk. Typically, the college will consult with the student prior to doing so.<\/p>\n\n\n\n Individuals participating in the resolution of a complaint, including the Complainant, the Respondent, all Advisors, and all Witnesses are expected to maintain the privacy of the resolution process. While there is an expectation of privacy around what the Title IX Coordinator, Title IX Team, other college officials involved in the resolution process, and Advisors may share with third parties, the Complainant and Respondent have discretion to share their own knowledge with others if they so choose. The college encourages the parties to discuss the potential impact of these disclosures with their Advisors, prior to doing so. <\/p>\n\n\n\n Confidentiality exists in the context of certain protected relationships, particularly among those who provide services such as medical care, mental health counseling and care, legal advice, and pastoral care. Confidentiality also applies to those designated by the college as Confidential Employees for purposes of reports under this policy, regardless of legal or ethical protections. When an individual shares information with a Confidential Employee, the Confidential Employee does not need to disclose that information to the Title IX Coordinator. The Confidential Resource will, however, provide the Complainant with the Title IX Coordinator\u2019s contact information, assist the Complainant in reporting, if desired, and provide them with information on how the Office of Title IX and Civil Rights Compliance can assist them. With respect to Confidential Employees, information may be disclosed when: (1) the reporting person gives consent for its disclosure; (2) there is a concern that the person will likely cause serious physical harm to self or others; or (3) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or persons with disabilities. <\/p>\n\n\n\n Non-identifiable information may be shared by Confidential Employees for statistical tracking purposes as required by the Clery Act\/Violence Against Women Act (VAWA). Other information may be shared as required by law.<\/p>\n\n\n\n Exists in the context of laws that protect certain relationships, including attorneys, spouses, and clergy. Privilege is maintained by a provider unless a court orders release or the holder of the privilege (e.g., a client, spouse, parishioner) waives the protections of the privilege. College treats employees who have the ability to have privileged communications as Confidential Employees.<\/p>\n\n\n\n Parties and Advisors are prohibited from disclosing information obtained by college through the Resolution Process, to the extent that information is the work product of college (meaning it has been produced, compiled, or written by college for purposes of its investigation and resolution of a Complaint), without authorization. It is also a violation of college policy to publicly disclose institutional work product that contains a party or witness\u2019s personally identifiable information without authorization or consent. Violation of this Policy is subject to significant sanctions.<\/strong><\/p>\n\n\n\n All college employees, other than those who are specifically designated as confidential resources (Confidential Employees) under this policy are required to share with the Title IX Coordinator all knowledge of discrimination, harassment, retaliation, or other prohibited conduct witnessed or shared with them in the course of their employment. This includes student employees with a responsibility for student welfare such as student residence life staff, academic tutors, and Student Academic Support Center staff. <\/p>\n\n\n\n This notification should be done promptly. While individuals must share all known details with the Title IX Coordinator, care should be taken to maintain the Complainant\u2019s privacy as much as possible. Upon receipt of this information, the Title IX Coordinator will reach out to the Complainant to offer information regarding supportive measures and formal and informal resolution options. <\/p>\n\n\n\n Generally, disclosures made in climate surveys, academic assignments, IRB-approved human research projects, and speak-outs and rallies (e.g. Take Back the Night or Black Lives Matter events) do not provide notice that must be reported to the Title IX Coordinator by employees, unless the individual clearly indicates that they desire a report to be made or seek a response from the college. <\/p>\n\n\n\n Whenever possible, employees should alert students and co-workers of their obligation to report disclosures, which includes sharing the names of individuals involved and relevant facts regarding the alleged incident (including the date, time, and location), to the Title IX Coordinator prior to the disclosure of any personal information. We suggest faculty include this information on their syllabi. Failure to report a known incident of harassment or discrimination by a non-confidential employee is a violation of college policy and could be subject to discipline.0<\/p>\n\n\n\n Failure to report a known incident of harassment or discrimination by a non-confidential employee is a violation of college policy and could be subject to discipline.<\/p>\n\n\n\n All Bates employees and volunteers who know, suspect, or receive information indicating that a minor has been abused or neglected, or who has other concerns about the safety of a minor, must immediately notify the Title IX Coordinator. Under Maine law, abuse or neglect is a threat to the child’s health and welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs or lack of protection from these, by a person responsible for the child. In the State of Maine, all educators and administrators are designated as Mandated Reporters and must report any abuse or neglect of a child to the Department of Health and Human Services (DHHS) Office of Children and Family Services (OCFS) or Maine District Attorney\u2019s Office. The Title IX Coordinator will assist with this notification. Failure to report potential abuse of a minor may result in disciplinary action up to and including termination.<\/p>\n\n\n\n The college will pursue a course of action consistent with the Complainant’s request for confidentiality where possible. Where a Complainant requests that their name or other identifiable information not be shared with the Respondent or that no formal action be taken, the college will balance this request with its dual obligation to provide a safe and non-discriminatory environment for all Bates community members and to remain true to principles of fundamental fairness that require notice and an opportunity to respond before disciplinary action is taken against a Respondent. <\/p>\n\n\n\n In making this determination, the college may consider, among other factors, the seriousness of the conduct, the respective ages of the parties, whether the Complainant is a minor under the age of 18, whether there have been other complaints or reports of harassment or misconduct against the Respondent, the existence of independent evidence, and the rights of the Respondent to receive notice and relevant information before disciplinary action is sought. The Title IX Coordinator in consultation with the Non-Discrimination Team will evaluate all requests for confidentiality.<\/p>\n\n\n\n Where the college is unable to take action consistent with the request of the Complainant, the Title IX Coordinator will inform the Complainant about the college\u2019s chosen course of action, which may include the college seeking disciplinary action against a Respondent. Alternatively, the course of action may include steps to limit the effects of the alleged harassment and prevent its recurrence that do not involve formal disciplinary action against a Respondent or revealing the identity of the Complainant.<\/p>\n\n\n\n If a report discloses a serious, immediate, or continuing threat to the Bates community, the college may issue a campus wide timely warning or notification (which may take the form of an email, text, or other electronic communication to community members) to protect the health or safety of the community and to heighten safety awareness. A timely warning may be issued for a report of any act of violence, but is particularly likely when the college receives reports of assault, sexual assault, domestic violence, dating violence, and stalking that pose a continuing threat of bodily harm or danger to members of the community. Timely warnings will not include any identifying information about the Complainant. <\/p>\n\n\n\n All college proceedings are conducted in compliance with the requirements of FERPA, the 2022 Reauthorization of the Violence Against Women Act, the Clery Act, Title IX, state and federal law, and college policy. No information shall be released from such proceedings except as required or permitted by law and college policy. <\/p>\n\n\n\n At no time will the college release the name of a Complainant to the general public without express consent from them. The release of the Respondent\u2019s name to the general public is guided by FERPA and the Jeanne Clery Act. The college may share non-identifying information about reports received in aggregate form, including data about outcomes and sanctions.<\/p>\n\n\n\n When the resolution of a complaint results in disciplinary sanctions, the release of information regarding these disciplinary actions will be governed by the Policy on Reporting Student Disciplinary Matters<\/a> or as outlined in the Bates College Employee Handbook<\/a> as applicable. In all circumstances, any release of information will be in compliance with all applicable state and federal laws.<\/p>\n\n\n\n Anonymous statistical information regarding reports must be shared with Bates Campus Safety where required by the Clery Act. Annual Clery reporting to the U.S. Department of Education is required by all educational institutions. The information contained in the Clery Report only tracks the number of Clery-reportable offenses occurring at campus locations or college-sponsored programs (e.g., study away) and does not include the names or any other identifying information about the person(s) involved in the report. This statistical information is also shared in compliance with Maine state law.<\/p>\n\n\n\n As part of its commitment to fostering an athletic culture that supports student safety, the NCAA requires all student-athletes to self-disclose any personal conduct that resulted in discipline through a Title IX proceeding or in a criminal conviction for sexual, interpersonal, or other acts of violence. Failure to accurately and fully disclose this information could result in penalties, including loss of eligibility to participate in athletics. <\/p>\n\n\n\n In addition, institutions are charged with a) confirming the accuracy of these self-disclosures, b) sharing student-athlete disciplinary information related to these issues with other NCAA institutions in the event a student-athlete wishes to enroll in a different institution, and c) disclosing to the Athletic Department when the institution begins any formal investigation or imposes any disciplinary action related to sexual, interpersonal, or other violence involving a Respondent who is a student-athlete. In all instances, the information shared will be strictly limited to that information necessary to meet these compliance requirements and will not include any information regarding the Complainant.<\/p>\n\n\n\n Student-athletes will receive notice of these requirements through the Athletic Department as part of their annual athletic compliance certification. Students who have questions about this policy may contact the Title IX Coordinator or the Deputy Title IX Coordinator for Athletics. <\/p>\n\n\n\n Bates College policy prohibits unauthorized audio or video recording of any kind. If a Complainant, Respondent, Witness, Advisor, or third-party wishes to record any meeting or interview, they must notify the Title IX Coordinator of that request and receive expressed permission. <\/p>\n\n\n\n The college reserves the right to record all meetings, interviews, and hearings, as necessary, to ensure a compliant and reliable process. All participants will be made aware of audio and\/or video recording and how that recording will be used prior to the start of the meeting, interview, or hearing. All recordings will be retained and made available to the parties in accordance with federal and state laws.<\/p>\n\n\n\n The Title IX Coordinator will be responsible for documenting all reports under this policy and the actions taken to resolve them. These records will be maintained consistent with college records policies and as required by state or federal law.<\/p>\n\n\n\n In compliance with the federal 2020 Title IX Regulations, the college will maintain for a period of at least seven years the following records related to Title IX reports\/complaints:<\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" IV. Privacy and Confidentiality Bates College is committed to protecting the privacy…<\/p>\n","protected":false},"author":466,"featured_media":0,"parent":68,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_hide_ai_chatbot":false,"_ai_chatbot_style":"","associated_faculty":[],"_Page_Specific_Css":"","_bates_restrict_mod":false,"_table_of_contents_display":true,"_table_of_contents_location":"","_table_of_contents_disableSticky":false,"_is_featured":false,"footnotes":"","_bates_seo_meta_description":"","_bates_seo_block_robots":false,"_bates_seo_sharing_image_id":0,"_bates_seo_sharing_image_twitter_id":0,"_bates_seo_share_title":"","_bates_seo_canonical_overwrite":"","_bates_seo_twitter_template":""},"class_list":["post-113","page","type-page","status-publish","hentry","with-sidebar"],"_links":{"self":[{"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/pages\/113","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/users\/466"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/comments?post=113"}],"version-history":[{"count":19,"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/pages\/113\/revisions"}],"predecessor-version":[{"id":1441,"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/pages\/113\/revisions\/1441"}],"up":[{"embeddable":true,"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/pages\/68"}],"wp:attachment":[{"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/media?parent=113"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\n\n\n\nA. Privacy<\/h4>\n\n\n\n
\n\n\n\nB. Confidentiality<\/h4>\n\n\n\n
C. Privilege<\/h4>\n\n\n\n
D. Unauthorized Disclosure<\/h4>\n\n\n\n
\n\n\n\nE. Reporting Responsibilities of Employees<\/h4>\n\n\n\n
\n\n\n\nF. Reporting Responsibilities Regarding Minors<\/h4>\n\n\n\n
\n\n\n\nG. Request for Confidentiality<\/h4>\n\n\n\n
\n\n\n\nH. Timely Warning<\/h4>\n\n\n\n
\n\n\n\nI. Release of Information<\/h4>\n\n\n\n
\n\n\n\nJ. Student-Athletes and NCAA Information-Sharing Requirements<\/h4>\n\n\n\n
\n\n\n\nK. Recording of Resolution Proceedings<\/h4>\n\n\n\n
\n\n\n\nL. Maintenance of Records<\/h4>\n\n\n\n
\n
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