ii. Requesting Confidentiality From the Institution: How the Institution Will Weigh the Request and Respond. a. Request for Confidentiality. If a complainant discloses an incident to an official with authority but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the institution will weigh that request against the institution’s obligation to provide a safe, nondiscriminatory environment for everyone, including the complainant, after the official with authority reports the incident to the Title IX Coordinator. If the institution honors the request for confidentiality, a complainant will be informed that the institution’s ability to investigate the incident and pursue disciplinary action against the respondent may be limited. There are times when, in order to provide a safe, non-discriminatory environment for all, the institution may not be able to honor a complainant’s request for confidentiality. The institution shall designate an individual to evaluate requests for confidentiality made by a complainant. b. Factors to Be Considered. When weighing a complainant’s request for confidentiality or a complainant’s request that no investigation or discipline be pursued, the institution will consider a range of factors, including the following: i) The increased risk that the identified respondent will commit additional acts of violence, discrimination or harassment, such as: • whether there have been other misconduct, violence, discrimination or harassment complaints about the same respondent; • whether the respondent has a history of arrests or other records indicating a history of violence, discrimination or harassment; • whether the respondent threatened violence, discrimination or harassment against the complainant or others; • whether the violence, discrimination or harassment was committed by multiple persons; • whether the circumstances of the incident indicate that the behavior was planned by the respondent or others; • whether the reported violence, discrimination or harassment was committed with a weapon; • whether the complainant is a minor; • whether the institution possesses other means to obtain relevant evidence of the reported violence, discrimination or harassment (e.g., security cameras or personnel, physical evidence); • whether the complainant’s information reveals a pattern of behavior (e.g., illicit use of drugs, alcohol, coercion, intimidation) at a given location or by a particular group; • other factors determined by the institution that indicate the respondent may repeat the behavior or that others may be at risk. Based on one or more of these factors, the institution may decide to investigate and, if appropriate, pursue disciplinary action even though the complainant requested confidentiality or requested that no investigation or disciplinary action be undertaken. If none of these factors is present, or if any or all of these factors are present to an insufficient degree, the institution will work to respect the complainant’s request for confidentiality. c. Actions After Decision to Disclose. If the institution decides that a complainant’s confidentiality cannot be maintained, the institution will inform the complainant in writing or via email prior to starting an investigation and the institution will, to the extent possible, only share information with people responsible for handling the institution’s response. The institution shall inform the respondent that the complainant asked the institution not to take investigative or disciplinary action against the respondent. 28
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