Confidentiality

For the purpose of this Policy, privacy and confidentiality have distinct meanings:

Privacy 

Privacy means that information related to a complaint will be shared with a limited number of Otis College employees who “need to know” in order to assist in the assessment, investigation, and resolution of the complaint. All employees who are involved in the Otis College’s response to notice under this Policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), as outlined in the Otis College’s Student Records Policy. The privacy of employee records will be protected in accordance with Human Resources policies.

Confidentiality 

Confidentiality exists in the context of laws (including Title IX) that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, and ordained clergy. 

The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses, and others, with their patients, clients, parishioners, and spouses.

Otis College has designated individuals who have the ability to have privileged communications as Confidential Resources. On campus, those individuals are:

• Counseling Staff (all licensed counselors), within Counseling and Psychological Services

For more information about Confidential Resources, you  can reach out to the Title IX Coordinator. When information is shared by a Complainant with a Confidential Resource, the Confidential Resource cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. 

For example, information may be disclosed when: 

1. the individual gives written consent for its disclosure; 
2. there is a concern that the individual will likely cause serious physical harm to self or others;
3. the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities. Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the federal Clery Act. Other information may be shared as required by law.