b. Reporting to "Officials with Authority"

  1. “Officials with Authority” Defined and Duties. An official with authority” is the institution’s Title IX Coordinator or any official of the institution who has authority to institute corrective measures on behalf of the institution, including the President, Vice Presidents, Provost, Vice Provosts, Human Resources Director, and those designated by the President. When a complainant or other person reports an incident of unlawful discrimination or harassment to an official with authority, they have the right to expect the institution to take prompt and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

    An official with authority must report to the Title IX Coordinator all relevant details about the alleged unlawful discrimination or harassment shared by the reporting individual and that the institution will need to determine what happened – including the name(s) of the complainant, respondent(s) and any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident. To the extent possible, information reported to an official with authority will be shared only with people responsible for handling the institution’s response to the report. An official with authority should not share information with law enforcement without the complainant’s consent or unless the complainant has also reported the incident to law enforcement.
  2. Requesting Confidentiality From the Institution: How the Institution Will Weigh the Request and Respond.
    1. Request for Confidentiality. If a complainant discloses an incident to an official with authority but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the institution will weigh that request against the institution’s obligation to provide a safe, non-discriminatory environment for everyone, including the complainant, after the official with authority reports the incident to the Title IX Coordinator. If the institution honors the request for confidentiality, a complainant will be informed that the institution’s ability to investigate the incident and pursue disciplinary action against the respondent may be limited.

      There are times when, in order to provide a safe, non- discriminatory environment for all, the institution may not be able to honor a complainant’s request for confidentiality. The institution shall designate an individual to evaluate requests for confidentiality made by a complainant.
    2. Factors to Be Considered. When weighing a complainant’s request for confidentiality or a complainant’s request that no investigation or discipline be pursued, the institution will consider a range of factors, including the following:
      1. The increased risk that identified respondent will commit additional acts of violence, discrimination or harassment, such as:
        • whether there have been other misconduct, violence, discrimination or harassment complaints about the samerespondent;
        • whether the respondent has a history of arrests or other records indicating a history of violence, discrimination orharassment;
        • whether the respondent threatenedviolence, discrimination or harassment against the complainant or others;
        • whether the violence, discrimination or harassment was committed by multiple persons;
        • whether the circumstances of the incident indicate that the behavior was planned by the respondent orothers;
      2. Whether the reported violence, discrimination or harassment was committed with a weapon;
      3. Whether the complainant is a minor;
      4. Whether the institution possesses other means to obtain relevant evidence of the reported violence, discrimination or harassment (e.g., security cameras or personnel, physical evidence);
      5. Whether the complainant’s information reveals a pattern of behavior (e.g., illicit use of drugs, alcohol, coercion, intimidation) at a given location or by a particular group;
      6. Other factors determined by the institution that indicate the respondent may repeat the behavior or that others may be at risk.
      Based on one or more of these factors, the institution may decide to investigate and, if appropriate, pursue disciplinary action even though the complainant requested confidentiality or requested that no investigation or disciplinary action be undertaken. If none of these factors is present, or if any or all of these factors are present to an insufficient degree, the institution will work to respect the complainant’s request for confidentiality.