When a BOR-governed college or university receives a report of sexual misconduct, all reasonable steps will be taken by the appropriate CSCU officials to preserve the privacy of the reported victim while promptly investigating and responding to the report. While the institution will strive to maintain the confidentiality of personally identifiable student information reported, which is subject to privacy requirements of the Family Education Rights Privacy Act (FERPA), the institution also must fulfill its duty to protect the campus community.
Confidential resources are defined as follows:
For the Universities, entities with statutory privilege, which include campus based counseling center, health center and pastoral counseling staff members whose official responsibilities include providing mental health counseling to members of the University community as well as off campus counseling and psychological services, health services providers, members of the clergy, and the local Sexual Assault Crisis Center and Domestic Violence Center.
For the Colleges, confidential resources are limited to entities with statutory privilege, such as off-campus counseling and psychological services, health services providers, members of the clergy, and the local Sexual Assault Crisis Center and Domestic Violence Center. The personnel of these centers and agencies are bound by state statutes and professional ethics from disclosing information about reports without written releases.
Information provided to a confidential resource by a victim of sexual misconduct or the person reported to have been the victim of sexual misconduct cannot be disclosed legally to any other person without consent, except under very limited circumstances, such as an imminent threat of danger to self or others or if the reported victim is a minor. Therefore, for those who wish to obtain the fullest legal protections and disclose in full confidentiality, they must speak with a confidential resource. Each BOR-governed college and university will provide a list of such confidential resources in the College or University’s geographic region to victims of sexual misconduct as well as publish these resources on-line and in various publications. These on-campus resources can be found here.You will find off-campus resources in your part of the state here.
Where it is deemed necessary for the institution to take steps to protect the safety of the reported victim and/or other members of the campus community, the institution will seek to act in a manner so as not to compromise the privacy or confidentiality of the reported victim of sexual misconduct to the extent reasonably possible.