Privacy

Every effort is made by the Institution to preserve the privacy of reports.  The Institution will not share the identity of any individual who has made a report or complaint of harassment or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sexual harassment or retaliation, any Respondent, or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of 34 CFR Part 106, including the conducting of any investigation, hearing, or grievance proceeding arising under these policies and procedures. 

The Institution reserves the right to determine which Gallaudet or the Clerc Center officials have a legitimate educational interest in being informed about incidents that fall within this policy, pursuant to the Family Educational Rights and Privacy Act (FERPA).

Only a small group of officials who need to know will typically be told about the complaint, including but not limited to: Student Affairs, Student Accountability and Restorative Practices, Human Resources, Department of Public Safety and/or the Behavioral Intervention Team.  The Clerc Center officials may include the Clerc Instructional Leadership Team members, Multi-Tiered Support Team and Student Support Specialists.

Information will be shared as necessary with Investigators, Hearing Panel members/decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy. 

Gallaudet may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk but will usually consult with the student first before doing so.  Clerc Center will communicate with students’ parents/guardians in the same manner and follow the age requirement in releasing information to parents.

Confidentiality and mandated reporting are addressed more specifically below.