Confidentiality
Know your Options
Sexual Violence and Confidentiality
We encourage victims of sexual violence to talk to someone about what happened – so you can get the support you need, and so the University can respond appropriately.
Whether a University employee is able to maintain confidentiality depends on the employee’s position and responsibilities at the University. Most university employees have a duty to report the incident to the Title IX Coordinator.
| Level of Disclosure | Who This Applies To | What This Means |
|---|---|---|
| Privileged and Confidential Communications |
Physicians, Psychotherapists, Professional Counselors, Sexual Assault and Domestic Violence Counselors and Advocates, and their support staff. Campus professional physicians and counselors include: The individuals listed above may not report any information about an incident of Sexual Violence to anyone else at the University, including the Title IX Coordinator, without the victim’s consent. |
A victim can seek assistance and support from physicians, psychotherapists, professional, and licensed counselors without triggering a University investigation that could reveal the victim’s identity or the fact of the victim’s disclosure. |
| Duty to Report With or Without Personally Identifiable Information |
University Police or Local Police. If you report an incidence of sexual violence to the police, the police are required to notify you that your name will become a matter of public record unless confidentiality is requested. If you request confidentiality, your name will not become a matter of public record and the police will not report your identity to anyone else at the University, including the Title IX Coordinator. However, the facts of the incident itself will be reported to the Title IX Coordinator, and the type of incident will be included in the annual crime statistics report, as required by the federal Clery Act. |
A victim can report to the police and request confidentiality in order to keep their identity confidential. However, the police are still required to report the facts of the incident to the Title IX Coordinator, AND report the type of incident for the annual campus security report. |
|
Duty to |
Title IX Coordinator and Other University Employees not listed above. If a victim requests of the Title IX Coordinator or another University employee that his/her identity remain completely confidential, the Title IX Coordinator will explain that the University cannot always honor that request and guarantee complete confidentiality. |
When a victim tells the Title IX Coordinator or another University employee about a Sexual Violence incident, the victim has the right to expect the University to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. |
In all cases, the University strongly encourages victims to report Sexual Violence directly to the Title IX Coordinator.
Confidentiality Exceptions
Under California law, any health practitioner employed in a health facility, clinic, physician’s office, or local or state public health department or clinic is required to make a report to local law enforcement if he or she provides medical services for a physical condition to a patient/victim who he or she knows or reasonably suspects is suffering from (1) a wound or physical injury inflicted by a firearm; or (2) any wound or other physical injury inflicted upon a victim where the injury is the result of assault or abusive conduct (including Sexual Violence, Domestic Violence, and Dating Violence). This exception does not apply to sexual assault and domestic violence counselors and advocates. Health care practitioners should explain this limited exception to victims, if applicable.
Additionally, under California law, all professionals described above (physicians, psychotherapists, professional counselors, clergy, and sexual assault and domestic violence counselors and advocates) are mandatory child abuse and neglect reporters and are required to report incidents involving victims under 18 years of age to local law enforcement. These professionals will explain this limited exception to victims, if applicable.
Finally, some or all of these professionals may also have reporting obligations under California law to (1) local law enforcement in cases involving threats of immediate or imminent harm to self or others where disclosure of the information is necessary to prevent the threatened danger; or (2) to the court if compelled by court order or subpoena in a criminal proceeding related to the Sexual Violence incident. If applicable, these professionals will explain this limited exception to victims.
When the Investigation is Limited by Confidentiality
In cases where the university’s ability to investigate a complaint is limited due to the victim’s request for confidentiality, Ãå±±½ûµØ will take a comprehensive approach to preventing sexual assault. This includes taking steps to limit the effects of the alleged sexual misconduct and prevent its recurrence without initiating formal action against the alleged perpetrator.
Examples of actions that can be taken include:
- providing increased monitoring, supervision, or security at locations or activities where the misconduct occurred
- providing training and education materials for students and employees
- revising and publicizing the school’s policies on sexual misconduct
- conducting climate surveys regarding sexual misconduct.