Confidentiality

If you experienced sexual misconduct, dating or domestic violence, or stalking, please talk to someone about what happened. This way, you can get the support you need — and the university can take the right steps. 

To decide who to talk to, you should first understand the varying expectations and requirements of CSUMB employees: 

• Some must keep near complete confidentiality by law, similar to the “patient-doctor” privilege.
• Some may speak to you in confidence, but they may report the incident to the university without revealing identifying information. 
• Some must report all details of an incident, including the identities of all parties. This also creates a legal obligation for the university to investigate and address the situation. 

Here are more details about confidentiality expectations by employee type. 

Getting Confidential Support

You can get confidential support from certain campus professionals without starting an investigation that would reveal your identity/situation. These include: 

• Physicians, psychotherapists, professional counselors and clergy
• Sexual assault and domsetic violence counselors and advocates

Speaking to these professionals falls under “privileged and confidential communication.” This means they will not share any details about an incident of sexual misconduct with university officials, including the Title IX coordinator, without your permission.  

Exceptions to Confidential Communication 

Under California law, some professionals are obligated to make reports under certain conditions: 

• Health practitioners must report to local law enforcement if they treat a wound or injury they reasonably think is from a firearm, assault or abuse. 
• All of these professionals must report incidents of child abuse and neglect.
• Some or all of these professionals must report to law enforcement cases involving threats of imminent self harm.

In all of these situations, professionals will explain if this exception applies to you.

Reporting to University or Local Police

If you report specific sex offenses to local or University Police, they must inform you that your name will become a matter of public record unless you request confidentiality.

If you ask that your identity remain confidential, the police won’t report your identity to anyone else at the university, not even the Title IX Coordinator. They will, however, report the facts of the incident itself to the Title IX Coordinator without revealing your name/identity or compromising their own criminal investigation.

The federal Clery Act requires CSUMB to report specific crimes (including certain sex offenses) in its statistical reports. However, while the university will report the type of incident in the Annual Security Report, your name/identity will not be revealed.

You can contact CSUMB's Interim Chief of Police, Yvonne Gordon, at ygordon@csumb.edu or call (831) 582-3032. The University Police Department is located in Building 82, Valley Hall, Suite F. 

Reporting to the Title IX Coordinator or Other CSUMB Employees

Most university employees have a “duty to report” incidents of sexual misconduct, dating and domestic violence, and stalking when they learn about it.

When you report an incident to the Title IX Coordinator or another employee, expect the university to take immediate and appropriate steps to investigate the situation and resolve the matter promptly and equitably. In all cases, we strongly encourage you to report incidents directly to the Title IX Coordinator.

All university employees except physicians, licensed counselors, and sexual assault victim’s advocates, must report relevant details about incidents they know of to the Title IX Coordinator. To determine what happened, the university will need the names of the victim(s), perpetrator(s), and any witnesses, as well as the date, time and specific location of the incident. 

A report often involves gathering extremely sensitive information about you and other individuals in the campus community. While such information is considered confidential, university policy regarding access to public records may require disclosure of certain information concerning a reported incident. In these cases, we will make every effort to redact the records, as appropriate, to protect your identity and privacy, as well as the privacy of others involved.

The university won’t usually notify parents or guardians about your report unless you are under 18 or you give written permission to do so.

If the university determines the perpetrator is a serious and immediate threat to the campus community, a designated Campus Security Authority under the Clery Act may issue a timely warning. Any such warning will not include any information that identifies the victim.

When and How Information May Be Shared

If you want your identity to stay confidential, the Title IX Coordinator will explain how the university may not be able to fully honor that request nor cannot guarantee complete confidentiality. 

If you want to keep things private or ask for no investigation or disciplinary action, the university must weigh that request against its obligation to provide a safe, non-discriminatory environment for all students, employees, and third parties, including you. Some circumstances may include a legal obligation to report the incident, conduct an investigation, or take other appropriate steps. Without information about your identity, the university’s ability to meaningfully investigate the incident and pursue disciplinary action against the perpetrator may be severely limited.

The Title IX office will inform you prior to starting an investigation. You are not required to participate in any investigation or disciplinary proceeding.

Protection from Retaliation and Other Support

The Title IX office is mindful of your well-being and will take steps to protect you from retaliation and harm. Retaliation against you, whether by students or employees, will not be tolerated. 

The university and Title IX Coordinator will also:

• Provide interim remedies, even if you choose not to report sexual misconduct, dating or domestic violence, or stalking to local or University Police
• Help you access victim advocacy, academic support, counseling, disability, medical or mental health services, and legal assistance, on- and off-campus
• Provide help with getting a no-contact order, changing living or working arrangements, or adjusting course schedules or assignments.
• Inform you of your right to report a crime to the university or local police — and provide you with assistance if you wish to do so