If a student complainant discloses an incident to a Responsible Employee but wishes to maintain confidentiality or requests that no investigation be conducted or disciplinary action taken, the Responsible Employee must disclose the incident to the Title IX Coordinator (or others in the list below). They must weigh the complainant’s request against Oakton’s obligation to provide a safe, non-discriminatory environment for all students and employees, including the student victim.
If the college honors the request for confidentiality, a student victim must understand that Oakton’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be diminished.
Although rare, there are times when the college may not be able to honor a student victim’s request in order to provide a safe, non-discriminatory environment for all students and employees.
Oakton has designated the following individual(s) to evaluate requests for confidentiality:
When weighing a student complainant’s request for confidentiality or that no investigation or discipline be pursued, a range of factors will be considered, including the following:
The increased risk that the alleged perpetrator(s) will commit additional acts of sexual discrimination, harassment or misconduct, such as:
Whether the sexual discrimination, harassment or misconduct was perpetrated with a weapon;
Whether the student complainant is a minor;
Whether the college possesses other means to obtain relevant evidence of the sexual discrimination, harassment or misconduct (e.g., security cameras or physical evidence); and
Whether the student complainant’s report reveals a pattern of perpetration (e.g., via illicit use of drugs or alcohol) at a given location or by a particular group.
The presence of one or more of these factors could lead Oakton to investigate and, if appropriate, pursue disciplinary action. If none of these factors is present, the college will likely respect the student complainant’s request for confidentiality.
If Oakton determines that it cannot maintain a student complainant’s confidentiality, the college will inform the student complainant at the earliest point possible and will, to the extent possible, only share information with people responsible for handling the College’s response.
If the Oakton determines that it can respect a student complainant’s request for confidentiality, the college will also take immediate action as necessary to protect and assist the student complainant.
If a complainant’s request for confidentiality limits the Oakton’s ability to formally investigate a particular allegation, the college may take steps to limit the effects of the alleged sexual discrimination, harassment and/or misconduct and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the student complainant. Such action may include, but is not limited to: