Confidentiality and Privacy

TSU makes every effort to preserve the privacy of reports of alleged sexual harassment/discrimination. For the purpose of the Title XI policy, privacy and confidentiality have distinct meanings.

Privacy means that information related to a Complaint will be shared with a limited number of TSU employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report.

All employees who are involved in TSU’s institutional response under this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in TSU’s FERPA policy. The privacy of employee records will be protected in accordance with Human Resources policies.

Confidentiality exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, attorneys, and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, and others, with their patients, clients, and parishioners. The University Counseling Center and Univeristy Counseling Center are confidential resources where communications between employees and students related to sexual harassment, dating/domestic violence, sexual assault, or stalking woul be privileged.

When information is shared by a Complainant with the confidential resource, the confidential resource cannot reveal the information to any third party, except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when:

the individual gives written consent for its disclosure;
there is a concern that the individual will likely cause serious physical harm to self or others; or
the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, the elderly, or individuals with disabilities.

Non-identifiable information may be shared by confidential resources for statistical tracking purposes as required by the Clery Act. Other information may be shared, as required by law.

TSU will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA) or as required by law, or to carry out the purposes of Title IX (34 CFR Part 106), including the conducting of any investigation, hearing, or grievance proceeding arising under TSU policies and procedures.

Information will be shared as necessary with Title IX investigators, decision-makers, witnesses, and the Parties involved. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ privacy.

Consent

Defining Consent

At TSU, consent can only be given by a person of legal age, cannot occur when a person is mentally or physically incapacitated (which includes intoxication), and requires that all parties understand the who, what, when, where, why, and how of the sexual interaction.

Consent is:

knowing
voluntary, and
clear permission
by word or action
to engage in sexual activity

Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on TSU to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.

Obtaining and giving consent is the most important part of protecting yourself against sexual violence. The following list are some examples of how to gain consent from and give consent to your intimate partners:

Clarifying or summarizing what the other person shared
Communicating your expectations and limits
Asking for permission, approval, or acceptance when seeking intimacy
Understanding why someone did or chose something
Expressing discomfort with acts of physical intimacy
Talking about sexual intimacy when sober
Confirming the feelings of the other person
Starting with small decisions
Sharing when you want to stop, slow down, or wait

The Impact of Alcohol and Drugs on Consent

The use of alcohol or drugs never makes a victim at fault for an act of sexual harassment, discrimination, or violence.

Students should be aware that alcohol and other drugs influence behavior and alter an individual's ability to give consent to sexual acts.

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Confidentiality and Privacy

Consent

Defining Consent

The Impact of Alcohol and Drugs on Consent