Private vs. Confidential Resources

Privacy

Privacy means that information related to a report of violations of this policy will be shared with a limited circle of College 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 reports of violations of this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. Further, the College will maintain as private any accommodations or protective measures provided to the complainant to the extent that maintaining such confidentiality would not impair the College’s ability to provide the accommodations or protective measures.

The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”). All documentation related to a student’s report, investigation, and resolution are protected by FERPA and will not be released, except as required by law. Non-identifying information about a report may be shared with the Chief of Campus Police or designee to comply with the Clery Act (statistical information only). A complainant’s name will never be published in connection with the College’s obligations under the Clery Act. In addition, the College does not publish identifiable information regarding victims in the College’s Daily Crime Log or online. In addition, any person, including a victim of violations of this policy, may request that her or his directory information on file be removed from public sources.

Complainants may request that directory information on file be removed from public sources by contacting the Title IX Coordinator.

The privacy of an individual’s medical and related records generally is protected by the Health Insurance Portability and Accountability Act (“HIPAA”), excepting health records protected by FERPA (and is there a relevant Massachusetts state statute).

Confidentiality

Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers, mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Massachusetts law. The College has designated individuals who have the ability to have privileged communications as “Confidential Employees.”

When information is shared by an individual with a Confidential Employee or a community professional with the same legal protections, the Confidential Employee (and/or such community professional) cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (i) the individual gives written consent for its disclosure; (ii) there appears to be a risk of immediate harm to self or others; or (iii) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18.

CONFIDENTIAL RESOURCES

The following classifications of individuals are Confidential Employees under College policy. Please note, however, that if you disclose information that you wish to remain confidential to para-professional staff, such as administrative assistants, they may be required by law to pass along the report to Campus Police or a Title IX Coordinator.

Licensed Professional Counselors with the Commonwealth of Massachusetts whose official College responsibilities include providing mental health counseling to members of the campus community are not required by Title IX to report any information regarding an incident of sexual or gender-based misconduct or interpersonal violence to the Title IX Coordinator or other College officials.

Registered Nurses/Family Nurse Practitioners who are registered with the Commonwealth of Massachusetts and whose official College responsibilities include providing health services to members of the campus community are not required by Title IX to report any information regarding an incident of sexual or gender-based misconduct or interpersonal violence to the Title IX Coordinator or other College officials.

Athletic Trainers with NATABOC certification and who are licensed by the Commonwealth of Massachusetts and whose official College responsibilities include the evaluation and treatment of student athletes; determining the appropriate application of emergency procedures; and providing first aid as needed are not required by Title IX to report any information regarding an incident of sexual or gender-based misconduct or interpersonal violence to the Title IX Coordinator or other College official.

Pastoral Counselors who are ordained clergy and whose responsibilities include providing spiritual counseling to members of the campus community are not required by Title IX to report any information regarding an incident of sexual or gender-based misconduct or interpersonal violence to the Title IX Coordinator or other College officials.

In order to identify patterns or systemic issues related to violations of this policy, the College will collect non-identifying aggregate data from the College’s LPCs, pastoral counselors, athletic trainers, and health care providers, as well as the local advocacy center. All personally identifiable information will remain confidential.

In addition please review our RESOURCE GUIDE for Survivors of Sexual Assault for more information.