Request for Confidentiality
If a disclosing party does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the disclosing party may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus community and comply with federal law.
Declining to consent to an investigation shall be honored unless the institution determines in good faith that failure to investigate does not adequately mitigate a potential risk of harm to the reporting individual or other members of the community.
In weighing such a request, the Title IX Coordinator will consider the following factors:
- Whether the responding party has a history of violent behavior or is a repeat offender;
- Whether the incident represents escalation in unlawful conduct on behalf of the responding party;
- The increased risk that the responding party will commit additional acts of violence;
- Whether the responding party used a weapon or force;
- Whether the disclosing party is a minor; and
- Whether the institution possesses other means to obtain evidence such as security footage, and whether available information reveals a pattern of perpetration at a given location or by a particular group.
Therefore, in cases indicating pattern, predation, threat, weapons and/or violence, NYIT will likely be unable to honor a request for confidentiality. If the institution determines that an investigation is required, it shall notify the disclosing party and take immediate action as necessary to protect and assist them.
In cases where the disclosing party requests confidentiality and the circumstances allow NYIT to honor that request, the institution will offer interim supports and remedies to the disclosing party and the community, but will not otherwise pursue formal action. This means that NYIT's ability to remedy and respond to a reported incident may be limited if the disclosing party does not want the institution to proceed with an investigation and/or wishes to remain anonymous.