Confidential Employee Responsibilities

Confidential Employee Description

Confidential Employees have the same obligations as Student-Directed Employees in terms of offering students information, resources, support, and the ability to report, but their professional obligations and/or commitment to confidentiality provides an additional layer of confidentiality for students who desire it. Confidential Employees have a professional commitment and/or legal privilege that may enable them to oppose successfully an application for a court order seeking disclosure of communications.

Confidential Employees include most employees on campus who have a legal privilege such as:

  • Most health care and mental health professionals
  • Advocates in the Office of Crisis Intervention and Sexual Violence Support Services
  • Ombudsperson
  • Attorneys

Responsibilities and Action Steps

All employees are expected to promote a compassionate campus community by responding to disclosures in the following way:

  • Respond with respect and kindness.
  • Listen to the student before handing out referrals and information.
  • Be sensitive to the needs of the survivor, without being judgmental, paternalistic, discriminatory, or retaliatory.
  • If the student appears under 18, ask. If the student is under 18, explain the reporting requirements for minor "abuse."

Support the student disclosing personal information. Use the link below to access helpful information about disclosure conversations.

Disclosure Conversation Guidance

Action: At the time of a disclosure

  • Support the student.  Refer to Disclosure Conversation Guidance for helpful information about these types of conversations.
  • Acknowledge and be transparent about your responsibility.  You are not required to report the incident to the Title IX Coordinator.
    • Thank them for reaching out and acknowledge that it is difficult to ask for help.
    • Share that you are required to consult with a confidential resource and that you can do this while they are with you in the office. Do so without identifying the student if they do not wish to be identified.
    • Include any other reporting requirements if you are a Campus Security Authority or supervisor of a student employee. Refer to Other Reporting Obligations.
  • Consider the student's age. If the student appears to be under the age of 18, ask them their age. 
    If the student is under the age of 18, you are required to report the information shared as a state-mandated reporter. Refer to the HR website for information about mandatory reporting of child abuse.
  • Do not attempt to investigate the incident or ask for more details than the student volunteers.
    • Explicitly ask if the student would like you to report the incident to the Title IX Coordinator.
    • Inform the student that unless an official report is made, the university probably cannot take action to stop the discrimination or harassment, remedy its effects, or prevent future instances of discrimination and harassment.
    • With a report, the university will take action on the report, though this will be with deference to the student’s wishes whenever possible.
  • Connect the student with resources:
  • Follow the student's wishes.
    • Follow the student’s wishes to either report or connect with resources, or both.
      • If possible, connect the student with these resources while they are with you.
      • If that is not possible, connect the student with these resources within 24 hours.
    • If unsure, engage the student in further dialogue to try to get clarification.
    • If they do not want to connect, you do not report the information to the Title IX Coordinator. 

Action: Following a disclosure

  • Complete the checklist to document your interaction: Student-Directed Employee Checklist
  • Consult a confidential resource. You are required to contact the Office of Crisis Intervention Sexual Violence Support Services for a consult at 541-346-8194.
    • Make the call immediately. Preferably, if the student agrees, when the student is still with you.
    • This consultation is intended to:
      • assist with any documentation and risk assessment.
      • address any resource needs for the student.
      • ensure you have followed the policy properly.
      • provide you with any support that you may need as an employee.
  • Meet other reporting obligations, if required.  Refer to the Other Employee Reporting Responsibilities webpage for more information.

Other Responsibilities