Statement on Privacy and Confidentiality
Elizabethtown College is committed to protecting the privacy of all individuals involved in a report of sexual misconduct. Every effort will be made to protect the privacy interests of all individuals involved. Privacy, confidentiality and privilege have distinct meanings under this Policy.
Privacy generally means that information related to a report of sexual misconduct will only be shared with a limited circle of individuals, including individuals who “need to know” to assist in the review, investigation, or resolution of the report or to deliver resources or support services. While not bound by confidentiality or privilege, these individuals will be discreet and respect the privacy of all individuals involved in the process. All participants in an investigation of sexual misconduct under this Policy, including Advisors and Witnesses, will be informed that privacy helps enhance the integrity of the investigation and protect the privacy interests of the parties, however, nothing in this Policy is intended to impose restraints on a Party’s ability to discuss the allegations under investigation or to gather and present evidence as part of the resolution process.
Certain individuals are designated as having confidentiality. For reports made to employees designated with having confidentiality, the College will respect the reporting party’s expectations of privacy to the extent permissible by law while still ensuring compliance with other reporting obligations. For example, reports involving minors are subject to mandatory reporting requirements. Individuals designated as having confidentiality are required to report the nature, date, time and general location of an incident to the Title IX coordinator. Individuals designated as having confidentiality will not share other information with the Title IX Coordinator or any other employee of the Institution without the permission of the disclosing party. Individuals designated as having confidentiality can provide information about the College and off-campus resources, support services and other options. As noted above, because of the confidential nature of these resources, disclosing information to or seeking advice from a confidential resource does not constitute a report or Formal Complaint to the College and will not result in a response or intervention by the College. A person consulting with a confidential resource may decide to make a report to the College and/or law enforcement. Confidential Resources are outlined in this Policy, and in the Written Notification of Resources provided to all Reporting Parties.
Communication with certain individuals may be privileged by operation of law and reports made to these individuals will not be shared with the Title IX Coordinator or law enforcement except in very limited situations, such as when failure to disclose the information would result in imminent danger to the individual or to others or as otherwise required by law.
All College proceedings are conducted in compliance with the requirements of the Family Educational Rights and Privacy Act (FERPA), the Clery Act, Title IX of the Education Amendments of 1972 (“Title IX”), Violence Against Women Act (VAWA), state and local law, and College policy. No information will be released from such proceedings, except as required or permitted by law and College policy.
The College may share non-identifying information about reports received in aggregate form, including data about outcomes and Disciplinary Sanctions.