Students may request confidentiality at the time they disclose the sexual misconduct. The Title IX Coordinator, or Deputy Title IX Coordinator will evaluate the request and determine the extent to which confidentiality may be maintained. NDSCS will make every attempt to safeguard the privacy of the complainant and/or recipient of the behavior; however, NDSCS cannot ensure confidentiality in all cases. NDSCS must weigh the request for confidentiality against its obligation to protect the safety and security of the entire campus. As is the case with anonymous reports, the College’s ability to conduct a meaningful investigation of the incident and pursue disciplinary action against alleged perpetrators may be limited when confidentiality has been requested.
Depending on the circumstances of the offense (the severity of the offense, the number of victims involved, etc.), NDSCS may be required to respond to an incident, even if confidentiality has been requested. Therefore, NDSCS employees cannot guarantee absolute confidentiality. Individuals desiring confidentiality should be encouraged to contact a confidential clinic or counseling service.
Disclosure to employees of NDSCS Health & Counseling Services will not initiate an investigation by the College against the student’s wishes. These employees are required to report that an incident occurred without revealing any of the victim’s personally identifying information. In some circumstances, NDSCS Student Health Service is required by state law to report cases involving physical trauma to law enforcement.
Before a student reveals information that he or she may wish to keep confidential, any responsible employee at NDSCS is required to make every effort to ensure that the student understands: (i) the employee’s obligation to report the names of the alleged perpetrator and student involved in the alleged sexual violence, as well as relevant facts regarding the alleged incident (including the date, time and location), to the Title IX Coordinator or a Deputy Coordinator, (ii) the student’s option to request that the school maintain his or her confidentiality, which the school will consider, and (iii) the student’s ability to share the information confidentially with counseling, advocacy, health, mental health or sexual-assault related services (e.g., sexual assault resource centers, campus health center and pastoral counselors).