3.6.3 - CONFIDENTIALITY AND DISCLOSURES

3.6.3.1 - General Confidentiality

The name, status, and violations or alleged violations of any student will not be disclosed to anyone other than the appropriate University officials, except as required or permitted by law. Generally, the outcome of any Student Conduct Process and appeal will remain confidential. These statements of general confidentiality are subject to the following rules on required disclosures and permissible disclosures.

All persons involved in  any  aspect  of  an  allegation  of  Interpersonal Violence should respect the privacy of the parties involved and keep the matter confidential within the parameters of preparation for and participation in the complaint resolution process unless otherwise required by law. All communication by parties and witnesses should be respectful and comply with this Student Handbook. Information will only be disclosed to the extent required by law, and to the extent that such disclosure is necessary and permitted under this Student Handbook for the investigation and adjudication of any claim of Interpersonal Violence. Failure of any individual to maintain these parameters may result in disciplinary action in accord with the applicable University policies and procedures.

3.6.3.2 - Required Disclosures

Under Federal law, Xavier must provide written notice to the Reporting Party or other victim and the Responding Party of the final results of any Student Conduct Process brought against a Responding Party for alleged violations of the Standards of Student Conduct that, if proven, would constitute a crime of violence or a non-forcible sex offense (including, but not limited to, conduct under Xavier’s Interpersonal Violence policies). This is required regardless of whether or not the Responding Party is found responsible for the alleged violation, and may only include the final results of the Student Conduct Process with respect to that violation. This disclosure will be made whether or not the alleged victim is the Reporting Party. In addition, if such a violation is found to have occurred, the Reporting Party or other victim shall receive additional notice of the actions the University will take designed to remediate the effects of the violation and to prevent its recurrence (which may include but not be limited to those described in Section 3.3, "Interim Measures for Individuals and/or the Campus Community").

3.6.3.3 - Permissible Disclosures

The University may also choose to disclose information in certain circumstances, including, but not limited to, the following:

(1) The University may choose to notify the parents/legal guardian of a dependent student if the student has violated the Standards of Student Conduct or the student is in jeopardy of being removed from University-owned housing. The University will not disclose any information to parents without proof of dependency. The parents/legal guardian of non-dependent students may be notified when a student has violated the Standards of Student Conduct if written consent for access to records has been provided by the non-dependent student. Additionally, Xavier may notify the parents/legal guardian of any student under age 21 of any violation of a federal, state, or local law, or University policy regarding the use, or possession of alcohol or a controlled substance. These practices are in compliance with the Family Educational Rights to Privacy Act (FERPA) of 1974. Any mention within this document to parental notification will be subject to the conditions set out in this paragraph.

(2) The University may also disclose in the best interest of the campus community to the campus community the final results of a student conduct process where the Responding Party was found responsible for a violation of the Standards of Student Conduct that constitute a crime of violence or non-forcible sex offense (including conduct under Xavier’s Interpersonal Violence policies). (See Section 3.6.3.2 ("Required Disclosures") for more information on these terms.

In accordance with Federal law, any final results to be disclosed under this paragraph may include only the name of the Responding Party, Xavier policies or rules that were violated and any sanction imposed.

(3) The University may disclose information from a student's education record to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.