Privacy & Confidentiality

(A)    The private nature of information provided to OIE will be accorded the utmost respect.

(B)    All University Community Members who participate in a process under these Procedures are expected to keep private any information obtained in the process to the best of their ability.

(C)    Under some circumstances, a University Community Member who fails to keep private, to the best of that individual’s ability, information received during that individual’s involvement in a process under these Procedures could face disciplinary action if disclosure of that information constitutes:

1. Protected Class Harassment
2. Sexual Harassment
3. Retaliation
4. A violation of a law, regulation, or policy regarding the disclosure of confidential employment or education records; or
5. A violation of a generally applicable law, regulation, or University policy

(D)    Notwithstanding the foregoing, the University will not require a University Community Member to abide by any nondisclosure agreement, in writing or otherwise, that would prevent the disclosure of information received during that member’s involvement in a process under these Procedures.

(E)    OIE may disclose information received under the following circumstances:

1. To the extent provided by the Policy or these Procedures

2. To the extent necessary to:

(a)     Eliminate the alleged violation of the Policy

(b)     Remedy the effects of the alleged violation of the Policy

(c)     Complete an resolution process under the Policy or these Procedures; or

(d)     Complete any sanctioning or disciplinary processes under the Policy, these Procedures, or another University disciplinary process; or

(3)     to the extent required by law, including, but not limited to:

(a)     the Colorado Open Records Act;

(b)     the Family Educational Rights and Privacy Act (i.e. “FERPA”);

(c)     a valid subpoena, search warrant or other lawfully-issued court order; or

(d)     a valid order to respond to any inquiry or complaint from, or filed with, a governmental administrative agency.

(F)     The University has federal reporting obligations under the Clery Act, including the obligation to provide, publicly, statistics or timely warnings regarding certain reported crimes. The University will not include a Reporting Party’s name or other identifying information in publicly available reports or timely warnings, as proscribed by the Clery Act.

(G)    The University, or an employee of the University may need to report an incident to local law enforcement or a governmental agency under certain circumstances including, but not limited to:

(1)     an incident where there is a clear and imminent danger;

(2)     an incident involving a weapon;

(3)     incident involving a minor or elderly individual, as required by state law; or

(4)     an incident warranting the undertaking of security or safety measures for the protection of the Reporting Party or of University Community Members.

(A)    The University recognizes that a Reporting Parties may wish to further maintain their privacy beyond the scope of Section 6.01. As such, the Director of OIE, or designee, will respectfully consider all requests by a Reporting Party:

(1)     that Reporting Party’s identifying information not be shared with the Responding Party;

(2)     that the alleged violation of the Policy to not be investigated under these Procedures; or

(3)     to otherwise not participate in an investigation under the Policy and these Procedures.

(B)    The University also recognizes that it has an obligation to provide a safe environment for all University Members, free from conduct prohibited by the Policy and these Procedures. A request made pursuant to Section 1.01(A) of these Procedures may severely limit the University’s ability to provide a safe environment free from prohibited conduct, investigate the allegations, and pursue disciplinary action against a Responding Party, if warranted. Therefore, there may be circumstances in which the University cannot honor a Reporting Party’s request for further privacy in light of the University’s obligation to provide a safe and non-discriminatory environment for all University Community Members.

(C)    The Director of OIE, or designee, will consider the following non-exhaustive list of factors in determining whether or not a Reporting Party’s request pursuant to Section 1.01(A) of these Procedures can be honored:

(1)     the risk that the Responding Party will engage in additional prohibited or violent conduct;

(2)     whether there have been other allegations of prohibited conduct or other violation of University policies by the same Responding Party;

(3)     whether the Responding Party threatened to engage in additional acts of prohibited conduct;

(4)     whether the alleged prohibited conduct involved multiple Responding Parties;

(5)     whether the alleged prohibited conduct involved multiple Reporting Parties;

(6)     whether the alleged prohibited conduct was perpetrated with a weapon;

(7)     whether the Reporting Party was a minor at the time of the alleged Sexual Misconduct;

(8)     whether the University possesses other means to obtain relevant evidence of the alleged prohibited conduct (e.g., security cameras or personnel, physical evidence, etc.); or

(9)     whether the Reporting Party’s allegation reveals a possible pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.

(D)    If the Director of OIE, or designee, cannot honor a Reporting Party’s request pursuant to Section 1.01(A) of these Procedures, or the University elects to pursue an investigation without a Reporting Party’s active participation, the Director of OIE, or designee, will inform the Reporting Party in writing prior to initiating an investigation:

(1)     that the Director of OIE, or designee, cannot honor the Reporting Party’s request or that the University will otherwise be investigating the allegation(s) without the Reporting Party’s active participation;

(2)     about the steps that will be taken to maintain the Reporting Party’s privacy; and

(3)     about the additional resources and accommodations available to the Reporting Party, if any.

(E)    A request pursuant to Section 1.01(A) of this Policy does not limit a Reporting Party’s ability to access confidential resources or otherwise receive support services, assistance, accommodations, or Interim Measures to mitigate the effects of the alleged violation of the Procedures.