Requests for Confidentiality and/or to Discontinue a Sex Discrimination Investigation
All individuals with knowledge of Sex Discrimination are encouraged to report the incident to Xavier University so that Xavier can effectively respond to sex discrimination, and ensure a safe, nondiscriminatory environment for all community members. The majority of Xavier employees who receive information about Sex Discrimination must report it to the Title IX and Interpersonal Violence Response Office so that the office can respond promptly and in compliance with all federal, state, and other applicable law. Confidential resources not required to report to the Title IX and Interpersonal Violence Response Office include Xavier's Advocacy and Prevention Coordinator, mental health counselors, campus health center professionals and clergy functioning as a pastoral counselor. Individuals experiencing sex discrimination should review Xavier's Gender-Based and Sexual Misconduct Reporting and Support Options resource sheet for comprehensive information on on and off-campus confidential and non-confidential resources.
Xavier prohibits retaliation against an individual reporting sex discrimination and will not only take steps to prevent retaliation but will also take strong responsive action if it occurs.
Even if an individual who has been negatively affected by sex discrimination does not want to pursue the matter through the student or employee conduct process or the criminal justice system, they should still consider making a confidential report to Xavier. The purpose of the confidential report is to maintain confidentiality while allowing Xavier to take steps to ensure the future safety of the individual and the community. Anonymous reports can also be made.
By reporting the incident, Xavier can keep an accurate record of the number of reported incidents, determine where there is a pattern of sex discrimination with regard to a particular location, method, or assailant, alert the campus community to potential danger, and initiate the applicable investigation and complaint resolution process. Pursuant to the Clery Act, reports of certain types of sex discrimination to Xavier (including but not limited to reports to the Title IX and Interpersonal Violence Response Office, the Office of Residence Life, Resident Assistants, the Dean of Students, the Advocate Program, the Center for Diversity and Inclusion, the Anonymous Reporting Hotline, the Xavier University Police Department, and any other Xavier faculty, staff or administrator) must be counted and disclosed in the annual crimes statistics for Xavier. Xavier's annual crime statistics report does not reveal the identities of the persons involved. Disclosure of the reported incident for inclusion in the annual crimes statistics does not typically involve disclosure of personally identifiable information within Xavier except to the extent necessary to ensure the incident is not double counted. Only reports to pastoral and professional counselors (i.e., counselors at the Health and Counseling Services and Psychological Services Center) acting in their role of pastoral or professional counselor may not be disclosed and counted in the annual crimes statistics for Xavier.
The Title IX and Interpersonal Violence Response Office will be responsible for evaluating request for confidentiality and must do so in the context of Xavier's responsibility to provide a safe and nondiscriminatory environment for all students, employees, and visitors. Accordingly, Xavier cannot guarantee absolute confidentiality in response to every request, but will inform the person requesting confidentiality if it cannot ensure confidentiality in light of the foregoing factors. When weighing a request for confidentiality that could preclude a meaningful investigation or potential discipline of the alleged perpetrator, Xavier will consider a range of factors, including:
- Are there circumstances that suggest there is an increased risk of the alleged perpetrator committing additional acts of interpersonal violence (e.g., whether there have been other interpersonal violence complaints about the same alleged perpetrator, whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence, whether the alleged perpetrator threatened further violence against the individual or others, and whether the interpersonal violence was committed by multiple perpetrators)
- Are there circumstances that suggest there is an increased risk of future acts of gender-based violence under similar circumstances (e.g., whether the student's report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol, at a given location, or by a particular group)
- Was the interpersonal violence was perpetrated with a weapon
- What is the age of the individual subjected to the interpersonal violence
- Does Xavier possess other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence)
Xavier's ability to respond (including sanctioning the alleged perpetrator through the complaint resolution process) may be limited by such a request. If Xavier determines it is able to honor a request for confidentiality and/or request to discontinue its investigation, Xavier will still take all reasonable steps to respond to the complaint consistent with the request for confidentiality or request not to pursue the investigation.