Confidentiality and Responsible Employees
Understanding Privacy and Confidentiality
St. John Fisher College is committed to protecting the privacy of all individuals involved in a report of sexual misconduct. Throughout the process, every effort will be made to protect the privacy of interests of all individuals involved in a manner consistent with the need for a thorough review of the report. Students should be aware, however, that privacy and confidentiality have distinct meanings under this policy.
Confidentiality may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a).
At St. John Fisher College, reports of sexual misconduct made directly to the Campus Minister or to a staff member in the Health and Wellness Center are confidential. These are the ONLY resources at St. John Fisher College where confidential reports can be made. Confidential means that the information is protected from being disclosed to anyone else, unless required or permitted by law.
Confidential off-campus resources are identified as "Off Campus: Confidential Resources."
Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but will still not disclose information learned from a Reporting Individual or bystander more than necessary to comply with the law, including informing appropriate College officials. Even College officials and employees, including Responsible Employees, who cannot guarantee confidentiality, will maintain your privacy to the greatest extent possible. The information you provide to a non-confidential resource will be related only as necessary for the Title IX coordinator to investigate and/or seek a resolution.
The Office of Civil Rights in the Department of Education describes a Responsible Employee as a person who has the authority to take action to redress sexual violence, who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator or other appropriate school designee, or whom a student could reasonably believe has this authority or duty.
With the exception of those employees specified as Confidential Resources, all College employees, including faculty, staff, administrators, and students who are Resident Assistants, and Peer Mentors are Responsible Employees. Responsible Employees are required to share with the Title IX coordinator, as soon as practical, any disclosure of Prohibited Conduct of which they are aware. The information that should be reported includes but is not limited to the identities of the parties involved, if known. Faculty are not required to make reports to the Title IX coordinator when they learn of allegations of Prohibited Conduct through classroom writing assignments or class-related discussions unless the Reporting Individual expressly requests reporting.