Privacy and Confidentiality
The University aspires to treat all inquiries and complaints about Prohibited Conduct under the Policy with respect to privacy. Privacy means that the information will be shared only with other individuals who have a “need to know” such information to implement this Policy, including to provide supportive measures. The University shall protect the privacy of individuals involved in a report of Prohibited Conduct to the extent allowed by law and College Policy. The University is committed to protecting the privacy of individuals involved in a report of Prohibited Conduct, and will balance individual privacy with its obligation to conduct a thorough review of allegations to protect the parties and the broader community and maintain an environment free from Prohibited Conduct.
The University counselor and campus pastors are considered to be confidential resources and are not obligated to report an incident to University officials. To the extent permitted by law, these individuals are permitted to maintain the client privilege of confidentiality. The University’ Memorandum of Understanding with Project Woman provides for confidential victim advocates to Wittenberg students and employees. Information held by confidential resources shall not be shared except in certain circumstances, such as where the information indicates imminent threat to the health and safety of others, or where the individual is obligated to report child abuse or neglect.
Retaliation
Retaliation consists of the intimidation, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX regulations. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sexual discrimination or Sexual Harassment – Title IX, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of Sexual Harassment – Title IX, constitutes retaliation.
Speaking about an investigation, proceeding, or hearing under this Policy does not constitute retaliation, unless it otherwise rises to the level of Prohibited Conduct (for example because it constitutes Stalking).
Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy or Title IX regulations does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, as not sufficient to conclude that any party made a materially false statement in bad faith.