IV. Reporting and Confidentiality
Responsible Employees (Mandated Reporters)
All MACC employees are considered responsible employees (i.e., mandated reporters), and as such are expected to promptly contact the Title IX Coordinator when they become aware of an incident of sexual misconduct, regardless of whether the recipient is an employee, a student, a volunteer, or a visitor of the College.
When an individual tells a responsible employee about an incident of sexual misconduct, the individual has the right to expect the College to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably. To the extent possible, information reported to a responsible employee will be shared only with people responsible for handling the College's response to the report. These people will include the Title IX Coordinator and may include the College's Behavioral Intervention Team, administrative council, and/or the Director of Security and Residential Life. A responsible employee should not share information with law enforcement without the complainant's consent or unless the complainant has also reported the incident to law enforcement.
Before an individual reveals any information about sexual misconduct to a responsible employee, the employee should ensure that the individual understands the employee's reporting obligations, and, if the individual wants to maintain confidentiality, direct the individual to confidential resources. If the individual wants to tell the responsible employee what happened but also maintain confidentiality, the employee should tell the individual that the College will consider the request but cannot guarantee that the College will be able to honor it. In reporting the details of the incident to the Title IX Coordinator, the responsible employee will also inform the Coordinator of the individual's request for confidentiality. Responsible employees will not pressure an individual to request confidentiality but will honor and support the individual's wishes, including the wish that the College fully investigate an incident. Responsible employees will not pressure an individual to make a full report if the individual is not ready to.
Should the Title IX Coordinator be given information by a third party or an anonymous person, the details will be discussed with the alleged victim if that name is given. The alleged victim will make the determination if he or she wants to provide details regarding the incident. Even if the individual does not choose to participate in the reporting process, the information given by the third party will be documented. Under no circumstances should anyone involved in the reporting of a crime be a victim of retaliation. MACC prohibits retaliation and will take strong responsive action if retaliation occurs.
Weighing Requests for Confidentiality
If an individual discloses an incident to a responsible employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College must weigh that request against the College's obligation to provide a safe, non-discriminatory environment for all students, employees, and visitors. If the College honors the request for confidentiality, a complainant must understand that the College's ability to meaningfully investigate the incident and pursue disciplinary action against the respondent(s), if appropriate, may be limited. Although rare, there are times when the College may not be able to honor an individual's request in order to provide a safe, non-discriminatory environment for all students, employees, and visitors.
The Director of Security and Residential Life will evaluate requests for confidentiality. When weighing a complainant's request for confidentiality or that no investigation or discipline be pursued, the Director of Security and Residential Life will consider a range of factors, including the safety of the College community, the age of the complainant(s) and respondent(s), and the seriousness of the allegations. If the College determines that it cannot maintain an individual's confidentiality, the College will inform the complainant prior to starting an investigation and will, to the extent possible, only share information with people responsible for handling the College's response. The College will remain ever mindful of the complainant's well-being and will take ongoing steps to protect the individual from retaliation or harm and work with the complainant to create a safety plan. Retaliation against the complainant, whether by students, employees, or other College representatives will not be tolerated. If the College determines that it can respect a complainant's request for confidentiality, the College will also take immediate action as necessary to protect and assist the complainant (e.g., rearrange living assignments, work schedules, and/or class schedules if at all possible, etc.).
The information reported to the Title IX Coordinator may also be used (without the victim's name) to issue timely warnings, which are required by the Clery Act. If applicable, the incident must be reported in the Annual Security Report (anonymously, as a statistic), which is also mandated by the Clery Act.
Privileged and Confidential Communications
MACC encourages victims of sexual misconduct to talk about their experience so they get the support they need and so officials can respond appropriately. Should an individual decide not to pursue the incident by criminal or institutional processes, an individual can and should contact a confidential source to seek guidance.
Professional licensed counselors and pastoral counselors as well as non-professional counselors and advocates who provide mental health counseling or services to members of the school community (and including those who act in that role under the supervision of a licensed counselor) are not required to report any information about an incident to the Title IX Coordinator without a victim's permission. MACC does not offer on-site professional or pastoral counseling services; however, these confidential services are available off-site through the College's Employee/Student Assistance Program or through community agencies, such as those identified in Section V of this policy.
An individual who speaks to a professional counselor or advocate must understand that, if the individual wants to maintain confidentiality, the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action against the respondent. An individual who at first requests confidentiality may later decide to file a complaint with the College or report the incident to local law enforcement and thus have the incident fully investigated.