Confidentiality and Privacy

Every effort is made by the Maricopa County Community College District (MCCCD) to preserve the privacy of reports of allegations of sexual harassment/discrimination. For the purpose of the Title XI policy, privacy and confidentiality have distinct meanings.

Privacy means that information related to a complaint will be shared with a limited number of MCCCD employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report.

All employees who are involved in the MCCCD’s response to notice under this policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the MCCCD’s FERPA policy. The privacy of employee records will be protected in accordance with Human Resources policies.

Confidentiality exists in the context of laws that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, attorneys, and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, and others, with their patients, clients, and parishioners. The MCCCD does not have a health center or mental health counselors on site to provide medical or mental health services. As such, the MCCCD has designated one individual who has the ability to have privileged communications as a Confidential Resource. The confidential resource is the District Ombudsperson, who is the Director of the Office for Public Stewardship.

When information is shared by a Complainant with the Confidential Resource, the Confidential Resource cannot reveal the information to any third party, except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when:

1. the individual gives written consent for its disclosure;
2. there is a concern that the individual will likely cause serious physical harm to self or others; or
3. the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities.

Non-identifiable information may be shared by Confidential Resources for statistical tracking purposes as required by the federal Clery Act. Other information may be shared, as required by law.

MCCCD will not share the identity of any individual who has made a report or complaint of harassment, discrimination, or retaliation; any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, 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.

Only a small group of officials who need to know will typically be told about the complaint, including, but not limited to, the Office for Student Affairs, college/District Compliance Office, Public Safety, and the Behavior Intervention Team. Information will be shared as necessary with Investigators, 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.  

The MCCCD may contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk, but will consult with the student first before doing so, when appropriate.