IV. Confidential Resources and Privacy

Carnegie Mellon understands that some individuals impacted by Prohibited Conduct, particularly conduct involving sexual violence, may not be ready or may not be willing to report through a channel that may lead to an investigation or other university action, no matter how discreet. For such individuals, several confidential resources are available both on and off campus.

A. Confidential University Employees

The following university Employees are designated as Confidential Employees who are able to confidentially receive and discuss information related to alleged Prohibited Conduct.¹

• Employees in Counseling and Psychological Services (CaPS);
• Employees in University Health Services (UHS);
• Religious and Spiritual Life Coordinator;
• The Student and Faculty Ombudsperson;
• The Staff Ombudsperson; and
• Employees who conduct human subjects-research studies that have been approved by the Institutional Review Board (IRB) and which are designed to gather information about Sex Discrimination, with respect to information disclosed in the course of conducting the approved study;

In order for confidentiality to apply, Confidential Employees must be functioning within the scope of the Employee’s job duties to which confidentiality applies. Confidentiality does not apply if the Employee receives information outside the scope of such job duties.

Although Confidential Employees are exempt from mandatory reporting, as required by law, Confidential Employees must provide the following information to any person who informs the Confidential Employee of conduct that reasonably may constitute Sex Discrimination or other Prohibited Conduct under this Policy:

1. That they are a Confidential Employee;
2. How to contact the Title IX Coordinator;
3. How to make a Complaint of Prohibited Conduct; and
4. That the IEX Office and Title IX Coordinator may be able to offer and coordinate Supportive Measures, as well as initiate an Alternative Resolution Process or investigation under the Grievance Procedures.

Confidential Employees can provide individuals with assistance, support, and additional information. Confidential Employees are prohibited from disclosing confidential information unless (1) given permission by the person who disclosed the information; (2) there is an imminent threat of harm to self or others; (3) the conduct involves suspected abuse of a minor under the age of 18; or (4) as otherwise required or permitted by law or court order. Confidential Employees may be required to report non- identifying information to University Police Department for crime reporting purposes.

Contact information for Campus Confidential Employees:

• Counseling and Psychological Services (CaPS) (Student only)
  412-268-2922
• University Health Services (Student only)
  412-268-2157
• University Health Services - Health Promotions Team (Student only)
• Staff Ombudsperson
  412-268-1018
• Student and Faculty Ombudsperson
• Religious and Spiritual Life Coordinator;
  412-268-3559

In addition, Carnegie Mellon employees may seek confidential assistance through the Employee Assistance Program (CMU Employees only).

B. External Community Resources

Individuals may also seek assistance and support from a variety of external resources, including those listed below. These resources are available free of charge to students, undergraduate and graduate, faculty and staff, regardless of whether a person lives in campus housing and regardless of an individual’s sex, gender, or sexual orientation. Individuals may contact the resources directly or the university can assist individuals with connections by request.

• Women's Shelter and Center of Greater Pittsburgh
• Pittsburgh Action Against Rape
• Center for Victims
• Persad

C.  Privacy

Although often conflated, privacy and confidentiality are distinct terms with distinct meanings. Privacy refers to the university’s commitment to sharing information related to any Report, Complaint, Supportive Measures, Alternative Resolution Process, or grievance procedures under this Policy only:

• To a person with a legal right to receive disclosures of information, or with prior written consent;
• When necessary to effectuate this Policy, or to otherwise address conduct which may reasonably constitute Prohibited Conduct;
• As required by Federal law or regulation, including by the terms and conditions of a Federal award (e.g., a grant award or other funding agreement); and/or
• When required or permitted by State or local law or the Family Educational Rights and Privacy Act (“FERPA”). See the university’s Policy on Student Privacy Rights for more information about FERPA.

The university provides training to personnel regarding the safeguarding of private information, instructs parties and witnesses about the university’s privacy-related expectations, and will take other reasonable steps to prevent and address the parties’ and, if applicable, their Advisors’, unauthorized disclosure of information and evidence obtained solely through the grievance procedures.

In any grievance process, other than as provided for in this Policy, the university will not restrict the ability of either party to discuss the allegations prompting a Report or Complaint, including for the purposes of obtaining and presenting evidence (such as by speaking to witnesses), consulting with family members, confidential resources, or advisors, or otherwise preparing for or participating in the grievance procedures.

¹This section address confidentiality with respect to reports under this Policy. This section does not affect any other legal privileges, such as physician-patient or counselor-client privileges. Only certain licensed treatment providers in UHS and CaPS have physician-patient or counselor-client privilege. Please contact UHS or CaPS for more information about these privileges.