Confidentiality, Privacy, Responsible Employees, and Clery Act Reporting
Issues of privacy and confidentiality play important roles in matters involving reported Prohibited Conduct, and those issues may affect individuals differently. The Equity Office will maintain privacy to the extent consistent with its obligation to enforce policies.
A Complainant may request that their name or other personally-identifiable information not be shared with a Respondent, that no investigation be pursued, or that no disciplinary action be taken. In these instances, before taking any further investigative steps, a member of the Equity Office will discuss any concerns with the Complainant and, to the extent reasonable and practicable under the circumstances, seek to address and remedy barriers to reporting and/or participation based upon concerns about Retaliation or other lack of clarity in understanding procedural options and potential outcomes.In order to protect the safety of the campus community, the Equity Office may decide to initiate or continue Investigative Resolution even if a Complainant specifically requests that the matter not be pursued.
Confidential Resources
Confidentiality refers to the protections provided to information disclosed in legally-protected or privileged relationships under Texas state law, including licensed professional mental health counselors, licensed medical professionals, and ordained clergy. These Confidential Resources can engage in confidential communications under Texas law when the information is disclosed within the scope of the provision of professional services. When an individual shares information with a Confidential Resources (on campus or in the community) as a confidential communication in the course of a protected relationship, the Confidential Resource cannot disclose the information (including information about whether an individual has received services) to any third party without the individual’s written permission or unless required by ethical or legal obligations which compel the professional to reveal such information.
Confidential Resource who do not have to report potential policy violations include employees in the University Counseling Center, University Health Center, Baylor Psychology Clinic, Athletics Mental Health Services, the University Chaplain, and the Chaplain assigned to LHSON when acting within a ministerial or pastoral role in the provision of services to a student.
Clery Act Reporting
Pursuant to the Clery Act, the University includes statistics about certain offenses in its annual security report and provides those statistics to the United States Department of Education in a manner that does not include any personally-identifying information about individuals involved in an incident. The Clery Act also requires the University to issue timely warnings to the University community about certain crimes that have been reported and may continue to pose a serious or continuing threat to campus safety. Consistent with the Clery Act, the University withholds the names and other personally-identifying information of Complainants when issuing timely warnings to the University community.
Responsible Employees/Mandatory Reporters
Civil Rights
All supervisors and Equity Staff are required to report immediately to the Equity Office any information they know about suspected or potential violations of this policy. Student-employees who have supervisory responsibility or responsibility for the welfare of other students and learn of potential violations of this policy in the scope of their employment are considered Mandatory Reporters. Failure by a Supervisor or Mandatory Reporter to report suspected or potential violations of this policy in a timely manner may subject them to discipline, up to and including termination of employment.
Supervisors must take immediate and appropriate corrective action when they know or should know Discrimination or Harassment is occurring. This can take various forms of intervention and, depending upon the circumstance, will involve the Equity Office and the Office of Human Resources.
All faculty, staff, and students who are not supervisors are strongly encouraged to report to the Equity Office any information they know about suspected or potential violations of this policy.
SIM
Except for Confidential Resources, all University Employees are designated Responsible Employees and thereby mandatory reporters of potential SIM Policy violations. Responsible Employees include all staff (hourly and salary), faculty, instructors, teaching assistants, and student workers who have supervisory responsibility or responsibility for the welfare of other students and learn of potential violations of this policy in the scope of their employment. Responsible Employees must report immediately any information about suspected sexual or gender-based harassment, sexual assault, sexual exploitation, stalking, domestic/dating violence, or retaliation regardless of when (both prior to or during their time at Baylor) or where (both on and off campus) the alleged misconduct occurred. Reports must include any known details such as identities of the parties and the date, time, and location of the incident.