Privacy and Confidentiality as outlined in the Title IX Sexual Harassment Policy
Every effort is made by Eastern Arizona College (the College or EAC) to preserve the privacy of reports of allegations of sexual harassment/discrimination. For the purpose of the Title XI regulation, privacy and confidentiality have distinct meanings.
Privacy means that information related to a complaint will be shared with a limited number of EAC employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report.
All employees who are involved in the College’s response to notice under this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in EAC’s FERPA policy. The privacy of employee records will be protected in accordance with Human Resources policies.
Confidentiality exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, attorneys, and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, and others, with their patients, clients, and parishioners. The College does not have any confidential/privilege resources detailed above.
Information may be shared by a Complainant or Respondent with the College when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when:
Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the federal Clery Act. Other information may be shared, as required by law.
EAC will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures.
Only a small group of officials who need to know will typically be told about the complaint, including, but not limited to, the Office for Student Affairs, college/District Compliance Office, Public Safety, and the Behavior Intervention Team. Information will be shared as necessary with Investigators, Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy.
EAC may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will consult with the student first before doing so, when appropriate.
Other Confidential Resources
Sexual misconduct can be a complex and painful experience that can require many different types of support including medical, legal, psychological, and academic resources. There are no employees within EAC who can guarantee complete confidentiality; however, there are resources outside of the College that you may wish to have a confidential conversation with about your options and what next steps you would like to take.
National Sexual Assault Hotline and Website
Access free, 24/7 local crisis support online or by calling 1-800-856-HOPE (4673). For more information, visit ohl.rainn.org/online .
Off-Campus Counselors, Advocates and Resources
Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with EAC unless the victim requests the disclosure and signs a consent or waiver form.