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32 Old Slip, 26th Floor
New York, NY 10005-2500
Telephone: 646-428-3800 Fax: 646-428-3843 E-mail: OCR.NewYork@ed.gov
IX. Confidentiality
When the University is made aware of a report or allegation of sexual misconduct or harassment, the University will endeavor to maintain the confidentiality of the matter and of all individuals involved to the extent permitted by law. The University will balance the needs of the individuals involved (Complainant, or reporting party, and Respondent, the accused party) with its obligation to fully investigate allegations and to protect the safety and wellbeing of the community at large. In all cases, the University and its employees will respect the dignity and rights of all individuals involved.
1. Responsible Employees: When consulting campus resources, students should be aware that certain campus authorities are Responsible Employees who are mandated to report and take action after receiving information regarding sexual misconduct and harassment. These include, but are not limited to, Public Safety Police and Security Officers, managers and supervisors, coaches, club and organization advisors, faculty, Deans, and Residential Learning staff (Resident Assistants, Community Safety Assistants, Resident Directors, and Residential Learning Coordinators). If a student has reported information to a Responsible Employee, but the student would like for the report to remain confidential, the student should contact the Title IX
Coordinator, who will evaluate the student's request for confidentiality.
2. Confidential Resources
Students who desire that details of an incident be kept confidential can receive confidential services through the Counseling & Psychological Services Center (856-256-4333), which is located in the Wellness Center at Winans Hall. Counselors with specialized training are available to support students who report sexual violence. Counselors are available to help you free of charge, and can be seen on an emergency basis. The Student Health Center (856-256-4222) can also provide confidential consultation with students and may offer treatment to prevent sexually transmitted infections or pregnancy. In circumstances where the Health Center is unable to offer these services, they will provide a referral to an appropriate medical resource. In addition, you may speak with members of the clergy, who will also keep reports made to them confidential.
LGBTQ students who would like to speak with a confidential resource should know that every counselor at the Wellness Center is committed to supporting students of all gender identities, gender expressions, and sexual orientations
When speaking with these resources, a student’s right to confidentiality is legally protected. However, there are limits to this protection in specific situations. For example, if a student discloses that the incident involved the use of a weapon or other contraband as defined by New Jersey law, or there is an ongoing threat or danger to the safety of another person (particularly children or the elderly), these resources may be required to report the incident to police.
3. Federal Statistical Reporting and Federal Timely Warning Obligations
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Students who report sexual misconduct should also be aware that University administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the community to aid in the prevention of similar occurrences. The University will withhold the names and other personally identifiable information of students as confidential, while still providing enough information for community members to make decisions related to their safety in light of the danger. The individuals required to report for timely warning purposes are exactly the same as detailed at the end of the previous paragraph.
X. Resolution Procedures
1. Voluntary Resolution Procedures
Upon request by the parties, some complaints of sexual misconduct can be resolved through voluntary resolution processes that are facilitated by the Title IX Manager or designee. The Title IX Coordinator, the Title IX Manager or other designated administrator will determine whether voluntary resolution is appropriate depending upon the complaint allegations. Voluntary procedures are never applied in cases involving violence or nonconsensual sexual intercourse or penetration.
If appropriate, the Title IX Manager or designee may arrange for/or facilitate mediation between the involved parties or coordinate other voluntary resolution. Voluntary resolution procedures will be initiated within ten (10) calendar days of the receipt of the Complainant's request for voluntary resolution. The voluntary resolution procedure will be completed within sixty (60) days. All timeframes set forth in this policy may be extended by the Title IX Manager or other administrator for good cause, with written notice to the Complainant and the Respondent of the delay and the reason for the delay.
Voluntary resolution procedures are optional and may be terminated at any time by the parties. A . voluntary resolution agreement, which outlines the terms agreed upon by the parties, will be provided to both parties simultaneously by the Title IX Manager or appropriate administrator. If either party is unsatisfied with the outcome of the voluntary resolution procedures, the formal resolution procedures may be pursued. If either party alleges that the terms of the voluntary resolution agreement have been breached, the formal resolution procedures will be initiated.
2. Formal Resolution Procedures
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A. Written Notice: Once a formal resolution procedure has been initiated, all parties will receive written notice.
1) This notice will include the following: a brief summary of the allegations; the relevant policy provisions defining the elements of the charges (prohibited conduct) at issue; information related to available resources and services; a brief overview of the formal Title IX process.
2) Once the Respondent has received written notice of the formal procedure, the Complainant and the Respondent will be kept informed of all developments and will be advised of the procedures that will guide the resolution of the complaint.
3) Details of the allegations will be given to the Respondent during the first investigatory interview.
B. Confidentiality: The student disciplinary process will be confidential to the extent possible and as allowed by law.
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D. Timeline: The University will ordinarily complete Title IX process, if any, within sixty (60) calendar days. The investigation will ordinarily be completed within 45 days and the disciplinary hearing (if any) will be completed 15 to 20 days following the resolution of the investigation. All timeframes set forth in this policy may be extended by the Title IX Manager or designee for good cause, with written notice to the Complainant and the Respondent of the delay and the reason for the delay.
1) The Complainant and Respondent will have the opportunity to make one request for a delay. A party’s extension request must be made in writing to the Title IX Manager and must articulate a good cause for such delay.
2) The existence of a pending criminal matter does not constitute good cause for a party to request a delay.
3) An advisor’s unavailability does not constitute good cause for a party to request a delay.
E. Investigation: Once a report of sexual misconduct has been made, an investigation into the report will be initiated by the Title IX Manager or designee within seven calendar days. Once a formal resolution procedure has been initiated, the Title IX Manager or designee will initiate an impartial, reliable, and thorough investigation.
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