If you’re involved in a Title IX investigation, whether as a complainant, respondent, or witness, one of the first questions you may have is how your privacy will be protected. Title IX cases often involve sensitive and deeply personal issues, and the fear of public exposure can prevent individuals from participating. Fortunately, there are legal standards and institutional procedures that govern confidentiality in these matters. Continue reading and reach out to the higher education lawyers here at Allen Harris to learn more about how confidentiality is handled in the Title IX process. Here are some of the questions you may have:
Will My University Keep My Report Confidential?
Universities are required to take steps to protect the privacy of individuals involved in a Title IX case. However, it’s important to understand that “privacy” and “confidentiality” have specific meanings in this context. Most university employees are not bound by strict confidentiality. Instead, they are expected to respect participants’ privacy and share information only on a need-to-know basis to carry out the school’s obligations under Title IX.
However, universities do also designate certain individuals as confidential resources, such as counselors, healthcare providers, or pastoral staff. These professionals are typically not required to disclose information without your permission, except in limited circumstances, such as when there is an imminent threat to safety.
If you are unsure whether someone at your school is a confidential resource, ask before disclosing any details. Once you report to a non-confidential university employee, your report may trigger a formal process that involves others.
Who Has Access to the Information in a Title IX Investigation?
During a Title IX investigation, both parties–the complainant and the respondent–are given equal access to relevant information, including statements, evidence, and reports. This is intended to ensure a fair and transparent process, but it also means that the other party will likely become aware of what you’ve shared.
Schools are obligated to protect your identity and information as much as possible, but they must also provide due process to all parties involved. Information from the case may be shared with university officials, legal representatives, and others directly involved in the proceedings.
In most situations, your case will not be made public. However, if the matter leads to litigation or public disciplinary action, some details may become part of the public record. Federal laws like FERPA (the Family Educational Rights and Privacy Act) restrict the disclosure of personally identifiable information from education records, but there are exceptions—especially in cases involving safety concerns or legal obligations.
What Can I Do to Protect My Own Privacy?
If confidentiality is a major concern for you, there are steps you can take early in the process. First, identify and speak with confidential resources on campus to better understand your options.
You may also want to retain the services of an attorney who understands Title IX proceedings. A lawyer can help you through the process, protect your privacy, and ensure that your rights are upheld at every stage. Whether you’re considering filing a report or responding to one, understanding how confidentiality works is key to making informed decisions.
If you have additional questions or would like to speak with a knowledgeable attorney about your case, please don’t hesitate to contact Allen Harris today.