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132V-305-040  <<  132V-305-050 >>   132V-305-060

PDFWAC 132V-305-050

Confidentiality and right to privacy.

Although Tacoma Community College will attempt to honor complainants' requests for confidentiality, it cannot guarantee complete confidentiality.
(1) Confidentiality requests and sexual violence complaints. The Title IX coordinator or designee will inform and obtain consent from the complainant before commencing an investigation of a sexual violence complaint. If a sexual violence complainant asks that his or her name not be revealed to the respondent or that the college not investigate the allegation, the Title IX coordinator or designee will inform the complainant that (a) the college will attempt to honor complainants' requests for confidentiality but cannot guarantee complete confidentiality, and (b) that maintaining confidentiality may limit the college's ability to fully respond to the allegations and, that (c) retaliation by the respondent and/or others is prohibited. If the complainant still insists that his or her name not be disclosed or that the college not investigate, the Title IX coordinator or designee will determine whether the college can honor the request and at the same time maintain a safe and nondiscriminatory environment for all members of the college community, including the complainant.
(2) Factors to be weighed during this determination may include, but are not limited to:
(a) The seriousness of the alleged sexual violence;
(b) The age of the complainant;
(c) Whether the sexual violence was perpetrated with a weapon;
(d) Whether the respondent has a history of committing acts of sexual violence or violence or has been the subject of other sexual violence complaints;
(e) Whether the respondent threatened to commit additional acts of sexual violence against the complainant or others; and
(f) Whether relevant evidence can be obtained through other means (e.g., security cameras, other witnesses, physical evidence).
(3) If the college is unable to honor a complainant's request for confidentiality, the Title IX coordinator or designee will notify the complainant of the decision and ensure that the complainant's identity is disclosed only to the extent reasonably necessary to effectively conduct and complete the investigation.
(4) If the college decides not to conduct an investigation or take disciplinary action because of a request for confidentiality, the Title IX coordinator or designee will evaluate whether other measures are available to limit the effects of the alleged harassment and prevent similar incidents and implement such measures if reasonably feasible.
[Statutory Authority: Chapter 49.60 RCW. WSR 16-03-053, ยง 132V-305-050, filed 1/15/16, effective 2/15/16.]
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