The District will protect the privacy of individuals involved in a report of discrimination or harassment to the extent allowed by law and District policy. However, confidentiality is not guaranteed as there may be times when disclosure of information is required.
When the District becomes aware of Unlawful Discrimination, it may have an obligation to proceed with an investigation, regardless of a Complainant’s wishes to the contrary, in order to ensure the safety of the District Community. If a person requests that their name or other identifying information not be used in an investigation, the District will weigh requests for confidentiality against its duty to provide a safe and nondiscriminatory environment for all members of the District Community.
Federal Statistical Reporting Obligations
The Jeanne Clery Act is a landmark federal law that requires Districts and universities, including the District, to disclose certain timely and annual information about crimes that occur on or near campus. The District has a duty to report certain crimes (including stalking, aggravated assault, and hate crimes) for federal statistical reporting purposes pursuant to the Jeanne Clery Act. All personally identifiable information is kept confidential, but statistical information must be passed along to District law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category.
Student Right to Review Records
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of Student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the Student when s/he reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are eligible Students. California Education Code Section 76200 et seq. also provides additional guidance concerning the privacy of Student records. Individuals are considered Students upon the submission of an admissions application.
Students have the right to inspect and review their education records maintained by the District. The District may charge a fee for copies.