Spelman College | 2016-2017 Student Guide - page 62

Any faculty member, administrator, or staff member who observes sexual violence and sexual
harassment of a student or receives a report of sexual harassment or other discrimination from a
student must report it to the Title IX Officer or Public Safety
no matter how insignificant the incident
may seem
. The College will conduct a confidential investigation of all reports of sexual violence and
sexual harassment. If it is determined that sexual violence, sexual harassment, or other discrimination
has occurred, the College will take immediate and appropriate action to end the problem and to
prevent its recurrence. Employees or students who have engaged in violent, harassing, or
discriminatory conduct will be subject to appropriate disciplinary action, up to and including
termination of employment or suspension or dismissal from the College. The student making the
complaint will be advised of the results of the investigation.
Sharing Incidents with Faculty & Staff
Faculty, staff, and organization advisors are considered a “Responsible Employee” and a “Campus
Security Authority (CSA)”. Anytime a Faculty or staff member is made aware of the above mentioned
behaviors, whether through formal or informal conversation, assignments, and or college
correspondence they are obligated to report the concern.
Statement Regarding Privacy & Confidentiality
The College is committed to protecting the privacy of all individuals involved in a report of sexual
assault and harassment. Every effort will be made to protect the privacy interests of all individuals
involved in a manner consistent with the need for a thorough review and investigation of any
allegation of such violations.
The privacy of the parties will be respected and safeguarded at all times.
All College employees who are involved in the College’s Title IX response, including hearing board
members, receive specific training and guidance about safeguarding private information. Privacy and
confidentiality have distinct meanings under this policy.
Privacy
Privacy generally means that information related to a report of misconduct will only be shared with a
limited circle of individuals. The use of this information is limited to those College 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.
Confidentiality
Confidentiality means that information shared by an individual with designated campus or community
professionals cannot be revealed to any other individual without express permission of the individual.
Those campus and community professionals include medical providers, mental health providers,
ordained clergy, and rape crisis counselors, all of whom have legally protected confidentiality. These
individuals are prohibited from breaking confidentiality unless there is an imminent threat of harm to
self or others.
Applicable Laws
Title IX
is the federal law prohibiting discrimination on the basis of sex in educational institutions,
programs and activities. Title IX covers access to higher education including athletics, career
education, education for pregnant and parenting students, employment and learning environments,
math and science, and standardized testing and technology. Sexual harassment and sexual violence
are forms of sex discrimination. The Department of Education Office of Civil Rights defines sexual
violence as “physical sexual acts perpetrated against a person’s will or where a person is incapable of
giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or
other disability prevents the student from having the capacity to give consent), including: rape, sexual
assault, sexual battery, sexual abuse, and sexual coercion.
Violence Against Women Act (VAWA),
Section 304 prohibits domestic violence, dating violence,
sexual assault, and stalking.
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