Requesting Confidentiality from the University
If a Complainant discloses an incident to the Title IX Coordinator, Associate Vice President for Student Affairs, the Department of Public Safety or a responsible employee but also wants to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action be taken, the University will weigh that request against its obligation to provide a safe, non-discriminatory environment for all students, faculty and staff, including the Complainant. The Title IX Coordinator (or designee) is responsible for evaluating requests for confidentiality.
If the University honors the request for confidentiality, a Complainant must understand that the University’s ability to meaningfully investigate the allegation and pursue disciplinary action against the Responding Party may be limited. Additionally, the level of appropriate action the University can take in response to the allegation depends on the Complainant’s participation in the process.
There may be times, however, when the University may not be able to honor a Complainant’s request for confidentiality in order to provide a safe, non-discriminatory environment for all students, faculty and staff. Factors that will be considered when weighing such requests include, but are not limited to, the following: the increased risk that the Responding Party will commit additional acts of sexual or other violence; whether a weapon is involved; whether the Complainant is a minor; whether the Complainant’s report reveals a pattern of perpetration by the Responding Party; and/or whether the University has other means to obtain relevant evidence (security cameras, physical evidence, etc.). The presence of one or more of these factors could lead the University to investigate and, if appropriate, to pursue disciplinary action. Both the Complainant and Responding Party will be notified of such a decision by the University.
If the Title IX Coordinator (or designee) determines that the Complainant’s confidentiality cannot be maintained, the Title IX Coordinator (or designee) will inform the Complainant prior to starting an investigation and will, to the extent possible, share information only with people responsible for handling the University’s response.
Additionally, if the University determines that the reported incident poses a serious or continuing threat to students and/or employees, it will issue a timely warning. As per the Clery Act, a timely warning, communicated via email, RiderAlert (the University’s mass electronic notification system), website, and/or building signage, is used to notify the University community of Clery Act crimes committed on campus or in the surrounding area. Any such warning will not include any information that identifies the Complainant.
As per the New Jersey Campus Sexual Assault Victim’s Bill of Rights (provided at the end of this booklet), the University may choose to contact law enforcement authorities directly following a report of a violation of this Policy if force or violence is involved or there is concern regarding the safety or welfare of the Complainant and/or campus communities even if the Complainant chooses not to do so. The Complainant will be informed of this decision.