Confidentiality/Balance of Legal Obligations

Nicholls State University will preserve the confidentiality of a complainant and respondent to the extent allowed by law.  The degree to which confidentiality can be protected depends on certain factors.

The University fully understands the impact of confidentiality of complainants and respondents, and exercises genuine sensitivity to the privacy concerns.  However, this must be balanced with legal obligations which include:

  • The responsibility to protect the entire University community from predators: In some cases Public Safety Alerts must be issued associated with the crime. These Alerts will not contain any of the complainant’s identifying information.
  • The responsibility to hold perpetrators accountable and ensure that appropriate disciplinary processes are implemented: Based on severity of the violation and the perpetrator’s history of violations, investigative and/or disciplinary action may be taken by the University even if the complainant does not want to participate in the process.  Every effort will be made to not include the complainant’s identifying information and the complainants will be kept informed of the actions and the extent to which his/her identifying information was or was not able to be contained.

Notification of parent/guardian of complainants in accordance with FERPA related to health.