New York sex abuse victim attorney, James Marsh, shares how privacy can be protected in campus sexual assault cases.
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Under the Title IX process and the guidance, strictly speaking, you are not guaranteed confidentiality in the process. Although, what you are guaranteed basically is a right to have your identity and personal information restricted only to the individuals that need that information. And of course, in order to conduct an investigation, which is really the result of a Title IX complaint the university and investigators are going to need to know your identity. That, however, doesn’t mean that it gets published in the newspaper or that it becomes common knowledge on campus or that it’s shared with anyone. Also an important distinction that victims need to remember is that individuals on campus who have a confidential relationship like clergy, psychologists, therapists, or those individuals and professionals who are required to maintain confidentiality as part of their profession, those individuals will not be allowed to release your confidential information without your advise and consent. Colleges have gotten a lot better explaining to victims as they come in who’s confident, who’s not, which individuals have to take this information and report and which ones don’t. It’s just something that you need to check in advance based on the individuals that you’re discussing your case with.