FlU Student Handbook 2017-2018 - page 144

Policies & Regulations
1. Privacy
Privacy generally means that information related to a
report under this Regulation will only be shared with
those University employees who “need to know” in order
to assist in the active review, investigation, or resolution
of the report. While not bound by confidentiality, these
individuals will be discreet and respect the privacy of
all individuals involved in the process. If the decision is
made to pursue an action against a Responding Party,
information related to the report will be shared with the
Reporting Party at the same time as it is shared with the
Responding Party. Information regarding a report will not
be shared with either party’s parents or guardians unless
the party is a Minor (and sharing is permissible under the
Family Education Rights and Privacy Act (FERPA)); the
party has signed a waiver that is compliant with FERPA;
or there is an articulable threat to the health or safety of
the party or other individuals.
2. Confidentiality
Confidentiality means that information shared with
designated campus or community professionals will
only be disclosed with the individual’s express written
permission unless there is a continuing threat of serious
harm to the patient/client or to others or there is a legal
obligation to reveal such information (e.g., where there
is suspected abuse or neglect of a Minor). An individual
can seek confidential assistance and support by speaking
with specially designated Confidential Resources.
3. Records
The Equal Opportunity Programs/Diversity Office will
maintain records of all reports under this Regulation and
their outcomes in order to track patterns and systemic
4. Release of Information
If a report of Prohibited Conduct discloses a serious and
immediate threat to the campus community, FIU Police
Department will issue a timely notification to protect the
health or safety of the community as required by the
Clery Act. The notification will not include identifying
information about a Reporting Party.
Pursuant to the Clery Act and the 2013 Amendments to
the Violence Against Women Act, anonymous statistical
information regarding reported criminal incidents must
be shared with FIU Police Department for inclusion in the
daily crime log. This information will also be included in
the University's annual security report.
All University proceedings are conducted in accordance
with the requirements of Title IX, the Clery Act, the
Violence Against Women Act, FERPA, state and local
law, and University Regulation. No information, including
the identity of the parties, will be released from such
proceedings except as required or permitted by law or
University Regulation.
5. Understanding the Difference Between Making a
Report to the University and Seeking Confidential
Assistance Through a Confidential Resource
There is a distinction between making a report to the
University such as to a Responsible Employee, Campus
Security Authority, or the University Police and seeking
confidential assistance through confidential resources.
Making a report to the University by contacting one of the
groups listed above means that the report will be shared
with the Title IX Coordinator and/or members of the
University’s Response Team. The Title IX Coordinator and/
or a University Response Team member will communicate
with the Reporting Party regarding resources, support
and to identify the appropriate action to respond to the
report as outlined in this Regulation. There are many
options for resolution of a report, and a Reporting Party is
encouraged to make a report even if he or she does not
want the University to take action against a Responding
Party. The University will make every effort to respect a
Reporting Party’s autonomy if that is the Reporting Party's
desire. Support and resources are always available to
a Reporting Party regardless of the chosen course of
action. Notwithstanding the Reporting Party's decision,
the University will assess whether it is necessary to
take some action to continue to provide a safe and non-
discriminatory environment. The University will advise the
Reporting Party as necessary.
By contrast, information shared with a Confidential
Resource will not be disclosed to anyone else, including
the University, except under very limited circumstances.
Any individual may choose to seek support from
confidential professionals on and off campus, including
the staff at the Victim Empowerment Program, the
counselors at the University Counseling and Psychological
Services Center, medical health providers, clergy, and
rape crisis counselors.
D. Mandatory Reporting of Abuse, Abandonment,
and Neglect Policy of a Minor
This policy applies to all Florida International University
(FIU) faculty, staff, students and volunteers. This policy
implements the mandatory reporting obligations in Florida
law regarding child abuse, abandonment and neglect.
In the State of Florida, any person who knows, or has
reasonable cause to suspect, that a Minor is abused,
abandoned or neglected must immediately report this
information to the Florida Department of Children and
Families (DCF) in order that no harm comes to the Minor.
In the course of their employment, research, service and/
or academic endeavors, all FIU faculty, staff, students
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