VII. Limitations of Confidentiality
- Complete Confidentiality: If a sexual misconduct complainant desires that details of his/her incident be kept confidential, the complainant should speak with counselors (on or off-campus), who will maintain confidentiality. Counselors will explain the details of confidentiality rules. Campus counselors are available to help you free of charge and can be seen on an emergency basis by calling Counseling Services at 487-2538. In addition, complainants may speak on and off-campus with members of the clergy and chaplains, who will also keep reports made to them confidential. They may also call Dial Help (482-HELP) which is a confidential local helpline.
- Duty to Investigate: Complainants are encouraged to speak to other officials (such as Residence Life staff, Public Safety, deans, coaches, or other administrators) of the institution for purposes of seeking information or reporting incidents. Michigan Tech recognizes that many complainants desire confidentiality and many will not want the University to investigate and attempt to resolve the incident. However, it is the duty of University officials to follow-up on all allegations of sexual misconduct they receive, and in doing so, confidentiality cannot always be maintained. At all times, University officials will tightly contain the extent to which personal details are disclosed, sharing information only when necessary, to only to those who have a legitimate need to know.
- Federal Reporting Statistical Requirements: Michigan Tech officials (including administrative staff, student employees in Residence Life, Public Safety, deans, coaches and other administrators) must fulfill federal crime reporting requirements. All personally identifiable information is kept confidential, but statistical information must be passed along to Public Safety regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given), for publication in the Campus Security Act Annual Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety.
- Federal Timely Warning Requirements: Complainants of sexual misconduct should also be aware that Michigan Tech officials must issue timely warnings for incidents reported to them that continue to pose a substantial threat of bodily harm or danger to members of the campus community. Michigan Tech will make every effort to ensure that a complainant's name and other identifying information is not disclosed, while still providing enough information for students to make safety decisions in light of the danger.
- Open Campus Police Logs—Public Safety Office: When incidents are reported to law enforcement officials, federal law requires that the police note incidents in a police log that is made public within two business days of the report of an incident. No names or other information that could reveal the identity of the complainant will be made public.
- Confidentiality of Medical Services: If a complainant seeks medical attention, he or she should know that medical providers are required to alert law enforcement of sex crimes. If police are called to the hospital, the complainant has the right not to talk to them. However, if a report is given to the police (at the hospital, or thereafter), prosecution is a decision that can be made with or without the assistance and permission of the complainant. Custody of all physical evidence obtained at the hospital is eventually held at the law enforcement agency.
