Private vs. Confidential Resources

PRIVACY AND CONFIDENTIALITY

The College is committed to protecting the privacy of all individuals involved in the investigation and resolution of a report under these Procedures.  The College also is committed to providing assistance to help students, employees, and third parties make informed choices.  With respect to any report under this Policy, the College will make reasonable efforts to protect the privacy of participants, in accordance with applicable state and federal law, while balancing the need to gather information to assess the report and to take steps to eliminate conduct that violates this Policy, prevent its recurrence, and remedy its effects. Privacy and confidentiality have distinct meanings under these Procedures.

Privacy

Privacy means that information related to a report of violations of this Policy will be shared with a limited circle of College employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report.  All employees who are involved in the College’s response to reports of violations of this Policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law.

Further, the College will maintain as private any accommodations or protective measures provided to any individual to the extent that maintaining such confidentiality would not impair the College’s ability to provide the accommodations or protective measures.
The privacy of student education records will also be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”).  All documentation related to a student’s report, investigation, and resolution are protected by FERPA and will not be released, except as required by law.  Non-identifying information about a report may be shared with the Chief of Campus Police or designee to comply with the Clery Act (statistical information only).  A complainant’s name will never be published in connection with the College’s obligations under the Clery Act.

Confidentiality

Confidentiality exists in the context of laws that protect certain relationships, including with medical and clinical care providers, mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Massachusetts law.  The College has designated individuals who have the ability to have privileged communications as “Confidential Employees.”

The following classifications of individuals are Confidential Employees under College policy.  Please note, however, that if you disclose information that you wish to remain confidential to para-professional staff, such as administrative assistants, they may be required by law to pass along the report to Campus Police or a Title IX Coordinator.

• Licensed Professional Counselors with the Commonwealth of Massachusetts whose official College responsibilities include providing mental health counseling to members of the campus community are not required by Title IX to report any information regarding an incident of sexual/gender-based misconduct or interpersonal violence to the Title IX Coordinator or other College officials. Stonehill counselors can be reached by calling Counseling Services at 508-565-1331.
• Licensed Medical Professionals who are registered with the Commonwealth of Massachusetts and whose official College responsibilities include providing health services to members of the campus community are not required by Title IX to report any information regarding an incident of sexual/gender-based misconduct or interpersonal violence to the Title IX Coordinator or other  College officials. A Stonehill medical professional can be reached by calling Health Services at 508-565-1307.
• Athletic Trainers with NATABOC certification and who are licensed by the Commonwealth of Massachusetts and whose official College responsibilities include the evaluation and treatment of student-athletes; determining the appropriate application of emergency procedures; and providing first aid as needed are not required by Title IX to report any information regarding an incident of sexual/gender-based misconduct or interpersonal violence to the Title IX Coordinator or other College officials. A Stonehill athletic trainer can be reached by calling Athletics at 508-565-1384.
• Pastoral Counselors who are ordained clergy and whose responsibilities include providing spiritual counseling to members of the campus community are not required by Title IX to report any information regarding an incident of sexual/gender-based misconduct or interpersonal violence to the Title IX Coordinator or other College officials. A Stonehill Pastoral counselor can be reached by calling Campus Ministry at 508-565-1487. 
  
  
• Confidential Resource Providers are trained employees designated by the college who offer confidential services and information to students and employees regarding policies, procedures, and resources related to sexual violence occurring on campus, and who receive training in the awareness and prevention of sexual misconduct and trauma-informed response.
• Confidential Resource Provider shall inform the reporting party or responding party regarding: 

  • reporting options and the process involved within each option;  

  • counseling services available on campus and through a local, community-based rape crisis center or domestic violence program;  

  • medical and health services available on and off campus;  

  • available school-based supportive measures related to academic and residence life;  

  • the disciplinary process of the institution; and  

  • the legal process carried out through local law enforcement agencies. 

• Upon request the Confidential Resource Provider can:

• coordinate with on or off campus sexual assault crisis service center or domestic violence program;  

• assist the reporting party in contacting or reporting to campus or local law enforcement agencies; 

• coordinate with the appropriate institutional personnel to arrange possible interim institutional-based supportive measures to allow the reporting party to change academic, living, campus transportation, or working arrangements in response to the alleged sexual misconduct, but shall not identify the adverse party(ies) or provide services to adverse parties; 

• notify the reporting party of their rights and the institution’s responsibilities regarding a protection order, no contact order, and any other lawful orders issued by the institution or by a criminal, civil, or tribal court; 

• attend an administrative or institution-based case related meetings and/or hearings as the advisor or support person of the student’s or employee’s choice.

The confidential resource provider shall NOT:  

• Confidential Resource Providers Contact Information:
  • 1) Angelo Bruno, 508-565-1005, abruno@stonehill.edu
  • 2) Marilena Hall, 508-565-1182, mhall@stonehill.edu

In accordance with M.G.L. c. 337 sec. 168D An Act Relative to Sexual Violence on Higher Education Campuses, the duties of a confidential resource provider are outlined above. The confidential resource provider shall not be a student, a Title IX coordinator, or a “responsible employee” as defined by Title IX.