The University of Oregon is committed to supporting students’ safe access to their education and to protecting the confidentiality of information shared within this process to the furthest extent permissible by law. Education records are those records directly related to a student maintained by the university or by a party acting for the university. Information gained by the Title IX office becomes an educational record and the University will generally not disclose to outside parties any personally identifiable information from your records unless you provide a written release.
However, it is important to know that certain exceptions also apply. First, records may be shared with University officials involved in the university’s conduct, response and support processes. Conversations are kept as private as possible, but generally the Title IX coordinator will share information with those persons that can provide resources and support to students and employees. Additionally, depending on the nature of the underlying allegations, the Title IX coordinator will share information with conduct officials and other officials that can help the Title IX coordinator perform a risk assessment, to the extent appropriate. Generally, these conversations are de-identified to protect privacy but may be identifiable to certain administrators.
Second, if a formal investigation is initiated, then individuals and organizations have the right to understand the allegations against them and to respond to those allegations. Therefore, while every effort will be made to protect the privacy of students participating in the process, if we move forward with a formal investigation and conduct or grievance process, we will not be able to completely protect the confidentiality of the individuals participating in the process. For example, in a formal student conduct investigation, both Complainant and Respondent are entitled to view the record (all relevant information gathered during the investigation) during the Review of Record prior to the Administrative Conference. Further, both parties are entitled to a copy of the letter of findings which contains relevant analysis and findings. Though the information will be de-identified in the Notice of Findings and the Record, both parties will be provided with the identities of the witnesses in order to ensure their ability to properly respond to the information.
There are also other rare instances where the University may have to share limited information with a third party. Some examples of these types of disclosures include the following:
- The disclosure is in connection with a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals
- If a person under the age of 18 is a victim of a crime, abuse, or neglect
- If the student initiates legal action against a staff member
- If the student makes a complaint against the staff to a State Board of Licensing
- In compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, staff may provide de-identified statistical data to the University Clery Coordinator on Clery reportable crimes
- If disclosure is required by law or through a subpoena or court order
In most situations, we must obtain written consent from students prior to sharing information outside the University, or we may obtain verbal consent from students, to the extent verbal consent is legally sufficient. If verbal consent is obtained, it will be in effect for 365 days.