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2006-2007 Student Handbook - University of the Incarnate Word

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*The conduct body reserves <strong>the</strong> right to broaden or lessen any range <strong>of</strong> recommended sanctions in <strong>the</strong>complaint <strong>of</strong> serious mitigating circumstances or egregiously <strong>of</strong>fensive behavior. Nei<strong>the</strong>r <strong>the</strong> CRB nor anyappeals body or <strong>of</strong>ficer will deviate from <strong>the</strong> range <strong>of</strong> recommended sanctions unless compellingjustification exists to do so.Section 25Confidentiality and Reporting PolicyDifferent people on campus have different reporting responsibilities, and different abilities to maintain yourconfidentiality, depending on <strong>the</strong>ir roles at <strong>the</strong> university. When consulting campus resources, victimsshould be aware <strong>of</strong> confidentiality and mandatory reporting, in order to make informed choices. Oncampus, some resources may maintain your complete confidentiality, <strong>of</strong>fering you options and advicewithout any obligation to tell anyone, unless you want <strong>the</strong>m to. O<strong>the</strong>r resources are expressly <strong>the</strong>re for youto report crimes and policy violations, and <strong>the</strong>y will take action when you report your victimization to<strong>the</strong>m. Most resources on campus fall in <strong>the</strong> middle <strong>of</strong> <strong>the</strong>se two extremes. Nei<strong>the</strong>r <strong>the</strong> university nor <strong>the</strong>law requires <strong>the</strong>m to divulge private information that you share with <strong>the</strong>m, except in extremely rarecircumstances, described below. You may seek assistance from <strong>the</strong>m without starting a chain <strong>of</strong> events thattakes things out <strong>of</strong> your control, or violates your privacy.To Report ConfidentiallyIf you desire that details <strong>of</strong> <strong>the</strong> incident be kept confidential, you should speak with on-campuscounselors, campus health service providers or <strong>of</strong>f-campus rape crisis resources, who will maintainconfidentiality. Campus counselors are available to help you free <strong>of</strong> charge, and can be seen on anemergency basis. In addition, you may speak on and <strong>of</strong>f-campus with members <strong>of</strong> <strong>the</strong> clergy andchaplains, who will also keep reports made to <strong>the</strong>m confidential.Quasi-Confidential ReportingYou can seek advice from certain resources who are not required to tell anyone else your private,personally identifiable information unless <strong>the</strong>re is cause for fear for your safety, or <strong>the</strong> safety <strong>of</strong> o<strong>the</strong>rs.These resources include those without supervisory responsibility or remedial authority to addresssexual misconduct, such as RAs, faculty members, advisors to student organizations, career servicesstaff, admissions <strong>of</strong>ficers, student activities personnel, and many o<strong>the</strong>rs. If you are unsure <strong>of</strong>someone’s duties and ability to maintain your privacy, ask <strong>the</strong>m before you talk to <strong>the</strong>m. They will beable to tell you, and help you make decisions about who can help you best. Some <strong>of</strong> <strong>the</strong>se resources,such as RAs, are instructed to share incident reports with <strong>the</strong>ir supervisors, but <strong>the</strong>y do not share anypersonally identifiable information about your report unless you give permission, except in <strong>the</strong> rareevent that <strong>the</strong> incident reveals a need to protect you or o<strong>the</strong>r members <strong>of</strong> <strong>the</strong> community. If yourpersonally identifiable information is shared, it will be shared with as few people as possible, and allefforts will be made to protect your confidentiality to <strong>the</strong> greatest extent.Non-Confidential Reporting OptionsYou are encouraged to speak to <strong>of</strong>ficials <strong>of</strong> <strong>the</strong> institution to make formal reports <strong>of</strong> incidents (deans, vicepresidents, or o<strong>the</strong>r administrators with supervisory responsibilities, campus security, and humanresources). You have <strong>the</strong> right and can expect to have incidents <strong>of</strong> sexual misconduct to be taken seriouslyby <strong>the</strong> university when formally reported, and to have those incidents investigated and properly resolvedthrough administrative procedures. Formal reporting does not mean that your report won’t be confidential,but it does mean that people who need to know will be told, and information will be shared as necessarywith investigators, witnesses, and <strong>the</strong> accused. The circle <strong>of</strong> people will be kept as tight as possible, topreserve your rights and privacy.Federal Timely Warning Reporting ObligationsVictims <strong>of</strong> sexual misconduct should also be aware that university administrators must issue timelywarnings for incidents reported to <strong>the</strong>m that pose a substantial threat <strong>of</strong> bodily harm or danger to members84

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