IV. ADDITIONAL CONSIDERATIONS

A. Privacy and Confidentiality: Treatment of Reported Information.

The College will not disclose the identity of a complainant or a respondent, except as necessary to carry out a disciplinary process or as permitted under state or federal law.

Requests for Confidentiality or No Investigation. Olin will act with discretion with regards to the privacy of individuals and the sensitivity of the situation when receiving a report of conduct that could fall within the prohibitions of the Sexual and Interpersonal Misconduct Policy.

There are certain circumstances in which Olin has a broader obligation to the community and may not be able to abide by: a) an individual’s request for complete confidentiality or b) an individual’s request that Olin not investigate a matter. Because either such a request could impact Olin’s ability to appropriately address and resolve the behavior in question, Olin will weigh these requests carefully. Where Prohibited Conduct is alleged, the Title IX Coordinator will evaluate the aforementioned requests by considering a range of factors including, but not limited to:

Whether there appears to be a pattern of alleged Prohibited Conduct by the respondent;
The involvement of violence or weapons;
The seriousness of the alleged misconduct;
The age of the complainant;
Whether there have been other complaints or reports of Prohibited Conduct by the respondent; and
Other similar factors

The presence of one or more of these factors may lead the Title IX Coordinator to sign a formal complaint of Title IX Sexual Harassment or to initiate an investigation of Non-Title IX Misconduct In signing a formal Title IX complaint, the Title IX Coordinator is not a complainant or otherwise a party under this policy. In deciding whether to sign a formal complaint, the Title IX Coordinator will consider the facts of the specific case and will consider the factors set forth above.

Note: If the Title IX Coordinator does commence a formal complaint or initiate an investigation and a complainant is known, the Coordinator will provide the complainant all notices and opportunities to respond to evidence that are provided by the procedures outlined below, even if the complainant is not actively involved.

If Olin does not proceed, the Title IX Coordinator will consider broader remedial action, such as increased or targeted education or prevention measures, increased monitoring, security or supervision, conducting surveys and/or revisiting its policies and practices.

Disclosure of Sexual Misconduct at Public Awareness Events. Public awareness events such as “Take Back the Night”, candlelight vigils, community programs and other public forms in which individuals disclose incidents of sexual violence, dating or domestic violence, and/or stalking are not considered notice to the College to trigger an obligation to investigate. However, such events may inform Olin’s prevention and education efforts.

B. Reporting and Duty to Report Sexual and Interpersonal Misconduct, Information Provided by College Upon Receipt of Reports, and Retaliation

Anyone who wishes to report that they or another Olin College community member has or may have experienced Prohibited Conduct as defined above should contact through the following means either:

Erin Clark, JD

Interim Title IX Coordinator and Non-discrimination Initiatives Office: MH 323 email: eclark@olin.edu

Olin College Department of Public Safety

publicsafety@olin.edu

781-239-5555

Reports of Prohibited Conduct should be made to the Title IX Coordinator and/or Public Safety regardless of where the conduct occurred (e.g., off-campus or on-campus). The Title IX Coordinator and/or Public Safety will provide information to the individual who reportedly experienced the Prohibited Conduct on where to receive immediate emergency assistance following an incident of Prohibited Conduct, which shall include, but not be limited to:

information related to preserving evidence and contact information for seeking medical treatment on campus, if available, and off campus;
descriptions of the types of counseling and health, safety, academic and other support services available from the College within the local community or region or through a local community- based rape crisis center or domestic violence program, including contact information;
information on the rights of students and employees to:

notify or decline to notify law enforcement, including Olin College, local and/or state police, of an alleged incident of Prohibited Conduct;
receive assistance from College authorities in making any such notification;
obtain a court-issued protective order or a College-issued no-contact order against an alleged perpetrator of the sexual misconduct; and
concurrently utilize the College’s process for investigating sexual misconduct complaints and any external civil or criminal processes available to the student or employee;

College-based supportive measures reasonably available from the College, which shall include, but not be limited to, options for changing academic, living, campus transportation or working arrangements in response to an alleged incident of sexual misconduct, regardless of where the conduct occurred or whether such conduct occurred outside of the College’s programs or activities, and regardless of whether a complaint is filed in accordance with the College’s policy for resolving complaints, how to request such measures and the process to have any such measures reviewed; and
procedures for students or employees to notify the institution that a protective order has been issued under state or federal law and the institution’s responsibilities upon receipt of such notice.

All college employees designated as college officials who have the authority to institute corrective measures on behalf of Olin, and/or employees designated as Mandatory Reporters are obligated by law to disclose reports and information that is shared with them to the Title IX Coordinator concerning: unlawful discrimination on the basis of sex, gender identity, sexual orientation, and marital or parental status, as well as incidents and allegations of sexual and interpersonal misconduct (including, but not limited to sexual harassment, sexual assault, domestic violence, dating violence, and stalking), and/or related retaliation.

In addition, Olin employees who are designated as campus security authorities (CSAs) for the purposes of the Clery Act must provide Public Safety with non-identifying statistical information regarding all reported incidents of Clery crimes (including, but not limited to, sexual assault, dating violence, domestic violence, stalking and hate crimes). Any questions about the reporting or confidentiality status of an individual should be directed to the Title IX Coordinator.

Individuals who serve in professional roles in which communications are sought in a privileged manner and provided confidential status under the law (e.g., licensed mental health care providers, licensed medical providers, pastoral counselors, clergy and Confidential Resource Provider (CRP) are not obligated to report identifying information about behavior that may implicate the Sexual and Interpersonal Misconduct Policy without the consent of the individual who supplied the information in question, and may otherwise keep information confidential as permitted and/or required by law. However, these confidential resources are instructed to inform individuals of their rights to file a complaint under the Sexual and Interpersonal Misconduct Policy and may assist in that process. Confidential resources may, consistent with their legal obligation and ethical requirements, provide limited statistical information about incidents without revealing personally identifiable information regarding the identity of the individuals involved to the Title IX Coordinator.