7.7. Confidentiality in University Investigative Processes

WSU takes confidentiality seriously. When engage with complainants, respondents, witnesses, or other relevant parties to a matter implicating WSU’s prohibition on sexual assault, dating violence, domestic violence, and stalking, CCR typically takes notes and records information for the purpose of maintaining a database of the university’s response to concerns, to track reports for patterns, and/or to document relevant evidence. Intake consultations are available for victim/survivors, in which CCR will track limited information; or, victim/survivors may request to meet with CCR anonymously and/or limit information shared. WSU recognizes that the information received may be sensitive in nature and participants may fear retaliation. WSU protects information regarding parties and witnesses under EP 15, and CCR only shares information on a need-to-know basis:

  • As permitted by FERPA statute or regulations (),
  • As required by law (including, but not limited to, as required for public records disclosures, for mandatory reporting of abuse under state law, or as required by a subpoena),
  • As needed to fairly conduct an investigation, hearing, or adjudication process, including as required by Title IX’s implementing regulations (),
  • As needed to facilitate supportive measures to protect individuals from ongoing harm,
  • As needed to respond to protect public safety or respond to imminent threats to the university community, or
  • As required by state or federal agencies (e.g. the National Science Foundation (NSF), WSU, as an awardee institution:
    • Must report sexual harassment findings; or
    • May be required to provide relevant information in response to a Department of Education Office of Civil Rights investigation).

CCR can answer participant questions about confidentiality or provide anonymous or confidential reporting options. WSU redacts identifying or other information when legally permissible.

When a victim/survivor requests confidentiality or requests WSU to not proceed with an investigation, WSU respects that request to the extent possible. WSU’s legal obligation to provide a safe and nondiscriminatory environment may require that CCR proceed with an investigation, which may require investigators to share limited identifying information about a victim/survivor; however, CCR takes steps to inform a victim/survivor should it become necessary to share information. In all cases, CCR works with the victim/survivor to provide resources and support, including individualized and appropriate interim or safety measures. WSU may also maintain confidentiality for supportive measures, safety measures, or accommodations, or safety measures, to the extent allowable by law and where maintaining such confidentiality would not impair the ability of the institution to provide those services. WSU EP 15 prohibits retaliation against anyone who reports or participates in an investigative or disciplinary process by WSU.

A victim/survivor may decline to notify authorities, including CCR and/or law enforcement. Should the victim/survivor report the incident to CCR, the university will not share the victim/survivor’s information with law enforcement, unless the victim/survivor requests that it be provided to law enforcement, or unless required to do so by law.

As a campus security authority, CCR provides crime statistic information for purposes of the Annual Security Report to WSU PD but protects privacy to the extent possible. The WSU PD will not release the names of victims/survivors in its Timely Warning notices, Campus Alerts, Emergency Notifications, or in the Daily Crime Log.

Upon written request, WSU may disclose to the alleged victim/survivor of a crime of violence (as that term is defined in Section 16 of Title 18, United States Code), or a non-forcible sex offense, the results of any disciplinary proceeding conducted against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim/survivor for purposes of this paragraph.