Roanoke College

Confidentiality & Amnesty

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Confidentiality

The College will respond to reports of suspected sexual misconduct in pursuit of protecting the campus community while seeking to respect the Complainant's request for confidentiality. Except in situations where there is serious or continuing threat to the College Community, every effort will be made to keep the name of the alleged perpetrator confidential. 

The Title IX Coordinator will inform the Complainant that keeping the Complainant's name confidential or declining to identify the accused individual, may limit the College's ability to investigate the sexual misconduct complaint.  The Title IX Coordinator will also inform the Complainant that in some cases it may not be possible to ensure confidentiality; however, the College will respect the individual's privacy and will only share their information on a need-to-know basis with those College employees necessary to assist in the investigation and/or resolution of the complaint.

An individual reporting sexual misconduct is entitled to protection from retaliation for a report that is made in good faith, even if it is determined that the information was incorrect or cannot be proven.  Reporting "in good faith" means the individual making the report has a reasonable basis to believe that there has been or may have been a violation of this sexual misconduct policy. Individuals who make frivolous or false reports shall not be deemed to be acting in good faith and may face disciplinary action.

Any concerns of retaliatory behavior should be immediately reported to a Title IX Coordinator.

The College will also encourage the victim to pursue reporting any alleged criminal behavior to an outside law enforcement agency.  The College will cooperate with outside investigations to the extent permitted by applicable law. 

Statement on Amnesty

Assisting students who report sexual misconduct is the College's primary interest.  In order to facilitate reporting, the Dean of Students may choose not to charge students who report sexual misconduct with Code of Conduct violations for behavior that otherwise would be considered violations (for example consuming alcohol underage or consuming illegal drugs).  However, if the student reporting sexual misconduct is to be held accountable for his/her own misconduct, such violations will be reviewed in conduct proceedings separate from the sexual misconduct proceedings.

The Clery Act

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal mandate requiring all institutions of higher education that participate in the federal student financial aid program to disclose information about crime on their campuses and in surround communities.  The Clery Act is enforced by the U.S. Department of Education.  The Clery Act requires that the College collect, classify and count crime reports and crime statistics.  The Clery Act requires that the College issue timely campus alerts including any crime that represents an ongoing threat to the safely of students or employees; and issuing an emergency notification upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus.

Incidents of Sexual Misconduct are reportable under the Clery Act; however, the complainant's name will not be published as part of the Clery reporting.

Based on the complainant's report, Campus Safety may determine that a serious or continuing threat possibly exists and may release either an "emergency notification" or a "timely warning" through the College Maroon Alert system.  Emergency notifications must be issued immediately upon confirmation of a significant emergency or dangerous situation and time warnings must be issued if the crime is considered by the institution to represent a serious or continuing threat.  The complainant's name will never be included in Maroon Alerts.