Confidentiality

UMHB understands that many victims have a strong desire for their report of sexual violence to be treated confidentially. If a student requests that his or her name not be disclosed to the accused person or that the University not investigate or take disciplinary action against the accused person, the University will carefully consider the request and honor it if possible.

If the university determines that it can keep a report confidential, all reasonable steps will still be taken to respond to the complaint consistent with the request for confidentiality. For example, it may be helpful to make changes to a housing situation, class schedule, etc. Any request for confidentiality can be withdrawn at any time, and the university will proceed to investigate the report fully and take appropriate action.

However, honoring a request not to reveal a victim’s name to the accused person, not to conduct an investigation, or not to punish the accused person will limit the university’s ability to respond fully to the assault and take any appropriate disciplinary action. There are situations in which the university must override a request for confidentiality in order to meet its obligations under federal law to provide an educational environment, which is safe and free from sexual violence. If the accused person has been accused before of committing similar acts or if the circumstances indicate that the accused person is likely to harm others, the university may have to investigate the report and take appropriate action to make the campus safe. If an investigation must take place, the information reported will be shared only on a need-to-know basis.

A student who wants to be assured that a sexual assault report will be kept confidential can make an anonymous complaint or report the assault to a therapist, doctor, or attorney who is legally obligated to maintain patient or client confidentiality. Students who choose this option are requested to ask their doctor, therapist, or counselor to make a confidential report of the assault without including facts that would reveal the student's identity.

Any student may make an anonymous electronic report to the institution of an allegation of sexual harassment, sexual assault, dating violence, or stalking committed against or witnessed by the student or employee, regardless of the location at which the alleged offense occurred. The report can be made using the REPORT IT link found in this policy and on the university's Internet home page.

While the university will probably not be able to take any disciplinary action against the person accused of the assault through an anonymous or other type of confidential report, university officials will have a better picture of crime on the campus and may be able to warn the campus community about methods or patterns of attacks or other harassment.