Parties’ Rights Regarding Confidentiality, Requests to Not Investigate, and Requests to Dismiss Formal Complaints

The University has great respect for the privacy of the parties identified in a report or formal complaint. Under state law, however, Responsible Employees who receive information of alleged sexual misconduct must share that information with the Title IX Coordinator. As such, the University may need to act to maintain campus safety and must determine whether to investigate further, regardless of the Complainant’s request for confidentiality or request to not investigate a report received by the Title IX Coordinator.

In making determinations regarding requests for confidentiality, Complainants’ requests to not investigate, Complainants’ requests to dismiss formal complaints, and/or requests to not disclose identifying information to Respondents, the Title IX Coordinator must deliberately weigh the rights, interests, and safety of the Complainant, the Respondent, and the campus community. Factors the University must consider when determining whether to investigate an alleged incident of sexual misconduct include, but are not limited to:

• The seriousness of the alleged incident;

• Whether the University has received other reports of alleged sexual misconduct by the alleged Respondent;

• Whether the alleged incident poses a risk of harm to others; and

• Any other factors the University determines relevant.

Under state law, if the Complainant requests in writing that the University not investigate a report, the University must inform the Complainant of its decision whether or not to investigate.

If the University dismisses a formal complaint (as outlined in Section E.2.c Mandatory and Discretionary Formal Complaint Dismissals of this Policy), the University must provide the Complainant and Respondent a written notice of the dismissal and the reason(s) for the dismissal.

In the course of the Grievance Process, the University may share information only as necessary with people who need to know in compliance with the law, which may include but is not limited to the investigators, witnesses, Complainant, Respondent, parties’ advisors, hearing officer, and the appellate officer, if applicable. The University will take all reasonable steps to ensure there is no retaliation against the parties or any other participants in the investigation or in any other part of the Grievance Process.