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Reporting and Confidentiality

The University encourages all individuals to report prohibited conduct or a potential violation of this policy to the Title IX Coordinator, the East Texas Baptist University Security Department, and/or to local law enforcement. A complainant has the right to report, or decline to report, potential criminal conduct to law enforcement. Upon request, the University will assist a complainant in contacting law enforcement at any time.

An individual may make a report to the University, to law enforcement, to neither, or to both. Campus Title IX processes and law enforcement investigations operate independently of one another. Anyone can make a report as follows:

  • Make a report to the Title IX Coordinator in person, by telephone at 903.923.2319, by email at titleix@etbu.edu, or online at www.etbu.edu/titleix.
  • If on campus, contact the East Texas Baptist University Security Department for assistance in filing a criminal complaint and preserving physical evidence at 903-923-2323.
  • If off campus, contact local law enforcement to file a criminal complaint at 903.935.4575 or 911.

Anonymous Reporting

Anyone can make an anonymous report by submitting information on the ETBU Title IX website: www.etbu.edu/titleix. Based on the nature of the information submitted, the University’s ability to respond to an anonymous report may be limited.

Responsible Employees 

With the exception of University employees designated as Confidential Resources, all other University employees, including full-time faculty, adjunct faculty, and full-time and part-time staff, are required to report immediately any information they know about suspected prohibited conduct or potential violations of this policy. These individuals are referred to as Responsible Employees.

Resident Assistants, due to their supervisory responsibility or responsibility for the welfare of other students are also considered Responsible Employees when they learn of potential violations of this policy in the scope of their employment. 

Confidential Resource 

Confidential Resources include any employee who is a licensed clinical or mental-health professional (e.g., professional counselors or social workers offering services through the Counseling Care Center), when acting in that professional role in the provision of services to a patient; and any employee providing administrative, operational, and/or related support for such professionals in their performance of such services. 

The Dean of Spiritual Life is also a Confidential Resource when acting within a ministerial or pastoral role in the provision of services to a student, faculty, or staff member. Confidential Resources will not disclose information about prohibited conduct without the individual’s permission or as set forth in the Confidentiality section of this policy. When individuals who otherwise may be Confidential Resources receive information outside of the provision of services to a patient or the Dean of Spiritual Life’s ministerial relationship, the Confidential Resource is required to share that information with the Title IX Office.

Confidentiality 

Confidentiality refers to the protections provided to information disclosed in legally-protected or privileged relationships under Texas state law, including licensed professional mental health counselors, licensed medical professionals, and ordained clergy. These confidential resources can engage in confidential communications under Texas law when the information is disclosed within the scope of the provision of professional services. When an individual shares information with a confidential resource (on campus or in the community) as a confidential communication in the course of a protected relationship, the confidential resource cannot disclose the information (including information about whether an individual has received services) to any third party without the individual's written permission or unless required by ethical or legal obligations which compel the professional to reveal such information. For example, information may be disclosed when the individual gives written consent for its disclosure, there is an imminent concern that the individual will likely cause serious physical harm to self or others, or the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18. A person’s medical and counseling records are privileged and confidential documents.

Confidential resources submit non-personally-identifying information about Clery-reportable crimes to the East Texas Baptist University Security Department for purposes of the anonymous statistical reporting under the Clery Act.

Privacy refers to the discretion that will be exercised by the University in the course of any investigation or disciplinary processes under this policy. Information related to a report of prohibited conduct will be shared with a limited circle of University employees who need to know in order to assist in the assessment, investigation, and resolution of the report and related issues. University employees receive training in how to safeguard private information.

The University will make reasonable efforts to investigate and address reports of prohibited conduct under this policy, and information may be disclosed to participants in an investigation as necessary to facilitate the thoroughness and integrity of the investigation. In all such proceedings, the University will take into consideration the privacy of the parties to the extent reasonably possible.

The privacy of student education records will be protected in accordance with the Family Educational Rights and Privacy Act(FERPA). The privacy of an individual’s medical and related records generally is protected by the Health Insurance Portability and Accountability Act (HIPAA) and Title 2, Chapter 81 and Title 4, Chapter 241, Subchapter G, of the Texas Health & Safety Code, and Chapter 144 of the Texas Civil Practice and Remedies Code, excepting health records protected by FERPA. Access to an employee’s personnel records in Texas is governed by Chapter 103 of the Texas Labor Code.