Stanford University
Office of the Ombuds
 
 

A Word About Confidentiality

Many people who have a concern about sexual harassment want assurances about confidentiality.

If you feel intimidated unless discussions can take place in confidence, faculty and others will respect such a request to the extent feasible. As stated more specifically in the policy, one way to help assure confidentiality is for you not to identify the person who is the alleged wrongdoer, at least during your preliminary discussions. Another way is to talk with persons who have an independent "privilege" under the law. See below, Confidential Resources

Nevertheless, we hope you will understand that, in order to correct the situation, not only for yourself, but for others in the future, it is probably in everyone's interests that some form of intervention take place. Sometimes this can be accomplished without necessarily confronting the person. For example, efforts can be made to increase the amount of training that is directed to a department, work unit or living unit regarding behavior without ever indicating that some one specific person's behavior is a problem. Other appropriate methods of intervention often can be developed on a case-by-case basis.

As stated very clearly in the policy, the University will take vigorous action against anyone who retaliates against you or others because a legitimate concern or complaint is raised. With this in mind, experience indicates that the best way to resolve a current issue, and to protect others in the future, is to have frank and open discussion with the alleged wrongdoer, either directly or through mediation or other third party intervention.

Here, too, confidentiality generally can be maintained, especially since, in most cases, all of the persons involved usually prefer to resolve the matter in a confidential setting.

One final point should be remembered. Stanford does not exist in isolation from the rest of the world. If there is an independent investigation or lawsuit in a matter you have raised, or in an incident wholly unrelated to yours, there are times when you or others may be required by law to provide documents or testimony. Thus, even where everyone involved in a given situation may wish to preserve confidentiality, sometimes such confidentiality cannot be guaranteed absolutely. Other instances where confidentiality may not be possible include situations where someone reasonably believes a complainant or other parties are clearly in risk of being subjected to further harassing behavior that will create significant emotional or other harm, or where the University needs to intervene because of its own potential liability for failing to do so.



 
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