Request for Confidentiality
In the event of an incident, a student may wish to tell the Title IX Coordinator or an employee of the college of what happened, but also to maintain confidentiality (i.e., may request that Las Positas College not share his or her identity with the alleged perpetrator(s), that no investigation occur, and/or that no disciplinary action be taken). This “Request for Confidentiality” should be indicated to the Title IX Coordinator or an employee. The Title IX Coordinator or employee’s obligation to report the information is not affected by the student’s Request for Confidentiality; i.e., the Title IX Coordinator or an employee must report all of the information disclosed, even where the student has made a Request for Confidentiality.
Las Positas College will seek to honor the student’s Request for Confidentiality, however, to the extent it can do so consistent with its obligation to provide a safe and non-discriminatory learning, living, and working environment for all members of the college’s community. This determination will be made by an “Evaluation Panel,” as described below. In such cases, the Title IX Coordinator may pursue the report if it is possible to do so without the student’s participation (e.g., where there is other relevant evidence of the Prohibited Conduct, such as recordings from security cameras, corroborating reports from other witnesses, or available physical evidence). Otherwise, however, Las Positas College will be able to respond in only limited and general ways, such as providing targeted training or prevention programs and/or offering appropriate remedial measures.
For purposes of the following discussion of Requests for Confidentiality, the “Complainant” is any person who presents as the victim of Prohibited Conduct, and the “Respondent” is any person who has been accused of Prohibited Conduct.
Who will evaluate a student’s Request for Confidentiality?
An “Evaluation Panel,” includes (1) the Title IX Coordinator (or a Deputy Title IX Coordinator); (2) a representative of the Safety and Security Department; and (3) a representative from the Student Services Department. In addition, the subset may include a representative from Human Resources, depending on the status of the Respondent and the circumstances of the report.
How will the Evaluation Panel evaluate a Request for Confidentiality?
The Evaluation Panel will perform a “threat assessment” in order to determine whether the report, taken together with any other available information, presents a rational basis for concluding that there is a risk of serious harm to the Complainant or to any member of the Las Positas College community. The Evaluation Panel will make this determination based upon the following risk factors:
- Whether the Respondent has prior arrests, reports and/or complaints related to any form of Prohibited Conduct or any history of violent behavior;
- Whether the Respondent has a history of failing to comply with any University/College no-contact directive, other University/College protective measures, and/or any judicial protective order;
- Whether the Respondent has threatened to commit violence or any form of Prohibited Conduct in the future;
- Whether the Prohibited Conduct involved multiple Respondents;
- Whether the Prohibited Conduct involved physical violence. “Physical violence” means exerting control over another person through the use of physical force. Examples of physical violence include hitting, punching, slapping, kicking, restraining, choking and brandishing or using any weapon;
- Whether the report reveals a pattern of Prohibited Conduct (e.g., by the Respondent, by a particular group or organization, around a particular recurring event or activity, or at a particular location);
- Whether the Prohibited Conduct was facilitated through the use of “date-rape” or similar drugs or intoxicants;
- Whether the Prohibited Conduct occurred while the Complainant was unconscious, physically helpless or unaware that the Prohibited Conduct was occurring;
- Whether the Complainant is (or was at the time of the Prohibited Conduct) a minor (under 18); and/or
- Whether any other aggravating circumstances or signs of predatory behavior are present.
What will happen if the Evaluation Panel determines that Las Positas College cannot honor a student’s Request for Confidentiality?
If the Evaluation Panel determines that Las Positas College cannot honor a student’s Request for Confidentiality, the Title IX Coordinator will take all appropriate action(s), which may include, among other things, causing the Dean of Students to impose a no-contact directive and/or disciplinary suspension (or, if the Respondent is a college employee, pre-disciplinary leave); arranging, imposing or extending any other appropriate remedial and/or protective measures; and/or undertaking a full investigation and college resolution. The student will be informed of any actions taken by the Title IX Coordinator and Las Positas College will make reasonable efforts to protect the student’s privacy to the extent possible. However, certain actions, including an investigation and disciplinary resolution, will involve speaking with the Respondent and others with relevant information, in which case the reporting student’s identity may have to be disclosed. In such cases, Las Positas College will notify the reporting student that it intends to move forward with an investigation, but in no event will the reporting student be required to participate in any such actions undertaken by the college.
Students may obtain information, assistance and support, both at Las Positas College and in the local community, throughout this process. Detailed information about student/s reporting options and Las Positas College and community resources can be requested through the Title IX Coordinator.
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