§ 6446 — Options for confidential disclosure

§ 6446. Options for confidential disclosure. 1. In accordance with\nthis article, every institution shall ensure that reporting individuals\nhave the following:\n a. Information regarding privileged and confidential resources they\nmay contact regarding domestic violence, dating violence, stalking or\nsexual assault;\n b. Information about counselors and advocates they may contact\nregarding domestic violence, dating violence, stalking, or sexual\nassault;\n c. A plain language explanation of confidentiality which shall, at a\nminimum, include the following provision: "Even {Institution} offices\nand employees who cannot guarantee confidentiality will maintain your\nprivacy to the greatest extent possible. The information you provide to\na non-confidential resource will be relayed only as necessary for the\nTitle IX Coordinator to investigate and/or seek a resolution.";\n d. Information about how the institution shall weigh a request for\nconfidentiality and respond to such a request. Such information shall,\nat a minimum, include that if a reporting individual discloses an\nincident to an institution employee who is responsible for responding to\nor reporting domestic violence, dating violence, stalking, or sexual\nassault but wishes to maintain confidentiality or does not consent to\nthe institution's request to initiate an investigation, the Title IX\nCoordinator must weigh the request against the institution's obligation\nto provide a safe, non-discriminatory environment for all members of its\ncommunity. The institution shall assist with academic, housing,\ntransportation, employment, and other reasonable and available\naccommodations regardless of reporting choices;\n e. Information about public awareness and advocacy events, including\nguarantees that if an individual discloses information through a public\nawareness event such as candlelight vigils, protests, or other public\nevent, the institution is not obligated to begin an investigation based\non such information. The institution may use the information provided at\nsuch an event to inform its efforts for additional education and\nprevention efforts;\n f. Information about existing and available methods to anonymously\ndisclose including, but not limited to information on relevant\nconfidential hotlines provided by New York state agencies and\nnot-for-profit entities;\n g. Information regarding institutional crime reporting including, but\nnot limited to: reports of certain crimes occurring in specific\ngeographic locations that shall be included in the institution's annual\nsecurity report pursuant to the Clery Act, 20 U.S.C. 1092(f), in an\nanonymized manner that identifies neither the specifics of the crime nor\nthe identity of the reporting individual; that the institution is\nobligated to issue timely warnings of crimes enumerated in the Clery Act\noccurring within relevant geography that represent a serious or\ncontinuing threat to students and employees, except in those\ncircumstances where issuing such a warning may compromise current law\nenforcement efforts or when the warning itself could potentially\nidentify the reporting individual; that a reporting individual shall not\nbe identified in a timely warning; that the Family Educational Rights\nand Privacy Act, 20 U.S.C. 1232g, allows institutions to share\ninformation with parents when i. there is a health or safety emergency,\nor ii. when the student is a dependent on either parent's prior year\nfederal income tax return; and that generally, the institution shall not\nshare information about a report of domestic violence, dating violence,\nstalking, or sexual assault with parents without the permission of the\nreporting individual.\n 2. The institution may take proactive steps, such as training or\nawareness efforts, to combat domestic violence, dating violence,\nstalking or sexual assault in a general way that does not identify those\nwho disclose or the information disclosed.\n 3. If the institution determines that an investigation is required, it\nshall notify the reporting individuals and take immediate action as\nnecessary to protect and assist them.\n 4. The institution should seek consent from reporting individuals\nprior to conducting an investigation. Declining to consent to an\ninvestigation shall be honored unless the institution determines in good\nfaith that failure to investigate does not adequately mitigate a\npotential risk of harm to the reporting individual or other members of\nthe community. Honoring such a request may limit the institution's\nability to meaningfully investigate and pursue conduct action against an\naccused individual. Factors used to determine whether to honor such a\nrequest include, but are not limited to:\n a. Whether the accused has a history of violent behavior or is a\nrepeat offender;\n b. Whether the incident represents escalation in unlawful conduct on\nbehalf of the accused from previously noted behavior;\n c. The increased risk that the accused will commit additional acts of\nviolence;\n d. Whether the accused used a weapon or force;\n e. Whether the reporting individual is a minor; and\n f. Whether the institution possesses other means to obtain evidence\nsuch as security footage, and whether available information reveals a\npattern of perpetration at a given location or by a particular group.\n