Confidentiality
VI. Confidentiality
A. If a Complainant discloses an incident to a Responsible Employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the University will weigh that request against its obligation to provide a safe, non-discriminatory environment for all students, including the Complainant.
B. The Title IX Coordinator will evaluate requests for confidentiality. When weighing a Complainant’s request for confidentiality or that no investigation or discipline be pursued, the Title IX Coordinator will consider a range of factors, including the increased risk that the alleged perpetrator will commit additional acts of sexual or other misconduct, such as:
1. Whether there have been other Sexual Discrimination and/or Harassment complaints about the same alleged perpetrator;
2. Whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of Sexual Discrimination and/or Harassment;
3. Whether the alleged perpetrator threatened further Sexual Discrimination and/or Harassment or other misconduct against the Complainant or others;
4. Whether the Sexual Discrimination and/or Harassment was committed by multiple perpetrators;
5. Whether the Sexual Discrimination and/or Harassment was perpetrated with a weapon;
6. Whether the victim is a minor;
7. Whether Cumberland possesses other means to obtain Relevant evidence of the Sexual Discrimination and/or harassment; or
8. Whether the Complainant’s report reveals a pattern of perpetration at a given location or by a particular group.
The presence of one or more of these factors could lead Cumberland to investigate and, if appropriate, pursue disciplinary actions. If none of these factors are present, Cumberland will likely respect the Complainant’s request for confidentiality.
C. If Cumberland honors the request for confidentiality, the Complainant should understand that the University’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be limited.
D. If Cumberland determines that it cannot maintain a Complainant’s confidentiality, the Title IX Coordinator will inform the Complainant prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the University’s response.
E. Cumberland will not require a Complainant to participate in any investigation, hearing, or disciplinary proceeding.
F. Cumberland will generally not contact or discuss claims or investigations with the parents, guardians, attorneys, or other designated Advisors of a Complainant or Respondent without that party’s written Consent.
G. FERPA limits the extent to which the University may disclose personally-identifiable information in student records. Whenever it is necessary to comply with FERPA, the University reserves the right to redact or limit information provided under this policy.