Policy Author:
Student Affairs
Responsible Office – Department:
Student Affairs
Effective Date of Policy:
August 17, 2022
Policy Narrative
Confidentiality
Confidentiality is afforded to a student who speaks with a campus counselor or outside advocacy agency such as Crisis Services of Buffalo. In those instances, no identifying information is shared or reported to campus authorities unless there is an imminent risk to the safety of the student and/or campus community.
Privacy
Privacy may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with applicable laws, including informing appropriate University Officials. The University has identified the positions outlined in the Annual Security and Fire Safety Report (ASR) as Campus Security Authorities (CSA) under the Clery Act and Responsible Persons under Title IX.
Although most Daemen University employees are not confidential resources, they can still offer “privacy.” This means that an employee may have to share information pursuant to federal or state law or university policy with certain other Daemen employees, but they will not share the private information beyond what is required or needed to comply with law and policy, and will otherwise limit re-disclosure as much as possible.
Privacy of the records specific to the investigation is maintained in accordance with New York State law and, with respect to student records, the Federal Family Educational Rights and Privacy Act of 1974 (FERPA) statute. Any public release of information to comply with the timely warning provisions of the Jeanne Clery Act (Clery Act) will not reveal the names of victims or any other information that could easily lead to a victim’s identification.
In an effort to provide timely notice to the Daemen University community, and in the event of a serious incident which may pose an ongoing threat to members of the Daemen University community, a Safety and Security Alert is sent to all students and employees on campus. Incidents of aggravate assault and sex offenses are considered on a case-by-case basis, depending on the facts of the case and whether there is a continuing danger to the campus community.
The Policy Pertains to:
The defining the terms; confidentiality and privacy; and explaining the difference between the two terms. In addition, how the terms would be applicable in regards to disclosures and reporting.
Purpose of this Policy
To create and maintain an equitable environment where students have the optimal opportunity to succeed academically, personally, and professionally and where any and all Daemen University Community members feel safe, valued, and respected.
This policy’s virtual location is https://www.daemen.edu/student-life/student-affairs/student-handbook/section-6-sexual-violence-policies-procedures
Scope and Applicability of this Policy:
Student Affairs adapts the idea of community standards – through our General Policies, Residential Policies, and the Student Code of Conduct – and attempts to enlighten, not only the student body, but the entire Daemen community, on the value and vision of the university to ensure that we achieve our mission and commitment to education.