Privacy and Confidentiality

Sinclair will conduct all investigations and other activities under this Procedure in a manner which protects the privacy and confidentiality of all participants to the extent permitted by law and applicable Sinclair policies Privacy and confidentiality have separate and distinct meanings under the Title IX Policy and Procedure.

How can I get confidential support at Sinclair College?

Keep in mind that all College employees (including student employees) are obligated to report incidents of sexual misconduct they become aware of unless they are a Sinclair Counselor with a recognized confidentiality privilege. The only way for a student to get confidential support from Sinclair College is by contacting Sinclair’s Counseling Services Office and signing documentation establishing a Counselor/Client relationship.

You may reach the Counseling Services Office by calling 937-512-3032.

Full-time employees may contact the Sinclair Employee Assistant Program (EAP) for confidential counseling services at 800-628-9343 or 937-208-6626. Part-time employees may be approved for access to the EAP program on a case by case basis by contacting the Human Resources department at 937-512-2514.

Privacy

Student education records are protected in compliance with the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, and other applicable federal and state laws.

Access to employee personnel records is governed by Sinclair’s policies and applicable federal and state law.

Sinclair must obtain written consent from a party before Sinclair may receive any health or other treatment records. If a party provides written consent for medical or other treatment records to become part of an investigation’s case file, both parties will be able to review and comment on those records if the investigation moves towards an investigative report and possible hearing.

Confidentiality

Information received in connection with the filing, investigation, and resolution of allegations will be treated as confidential except to the extent it is necessary to disclose information:

In the course of the investigation;
For the purposes of addressing conduct or practices that may violate the policy; or
When required to do so by law, including but not limited to Ohio’s public records laws.

All persons involved in the process should observe the same standard of discretion and respect for the privacy of persons involved in the process.

If the complaint contains sufficiently detailed information about conduct that may constitute a crime, the matter will be reported to the Sinclair Police Department.
Pursuant to the Clery Act and the 2013/2022 Amendments to the Violence Against Women Act, the Sinclair Title IX Coordinator will share anonymous statistical information regarding reported criminal incidents with Sinclair Department of Public Safety for inclusion in the Daily Crime Log. The College may also share aggregate and non-personally identifiable data about reports, outcomes, and sanctions as permitted or required by law.

All College proceedings are conducted in accordance with the requirements of Title IX, the Clery Act, the Violence Against Women Act, Family Educational Rights and Privacy Act (FERPA), state and local law, and College policy. No information, including the identity of the parties, will be released from such proceedings except as required or permitted by law or College policy.

What You Need To Know About Confidential Medical/Healthcare Professional Relationships

The College will preserve student’s and employee’s confidentiality to the extent possible and allowed by law. The degree to which confidentiality can be protected, however, depends upon whether or not the individual to whom the sex-based offense is reported is required by law to report this information to law enforcement.

Confidential reporters may include licensed counselors and other medical or health care providers. Students will be clearly informed by any College employee if a confidential medical/health care professional relationship is being established.

No College employee has the authority to establish a confidential medical/health care professional relationship with any other College employee or with any person other than a student who has been specifically informed such a relationship is being established.

How can I help a friend who experienced sexual harassment or sexual misconduct?

If someone you know within the Sinclair community has experienced sexual misconduct, the Title IX Office can help you help them. Sometimes the most valuable advice comes from someone the individual already trusts. Whether you're a friend, colleague, parent, or concerned member of our faculty or staff, we can point you to resources that you can share, as well as provide support for you through the process.

Listen

Confirm the person's safety by asking, "Are you safe right now?" If they say no, help them get to a safe place. Call 911 if necessary. The Sinclair Police Department can assist anyone on campus who feel unsafe.
Provide nonjudgmental support. Your role is not to determine whether or not something occurred. Your primary responsibility is to remain supportive of the victim, while referring the person to others who are trained in providing assistance and/or intervening.

Refer

Help the person get medical care if needed.
Help the person consider whether to make a report with their local police department or with the Sinclair Police if the incident occurred on campus.
Direct the person to on-campus confidential counseling if needed at 937-512-3032.
Let the person know that they can contact the Title IX Office to request supportive measures and accommodations such as no-contact directives, adjustment of schedules, academic accommodations, security escort services, etc.

Report, as required

All Sinclair employees, including student employees, are required to report incidents of sexual misconduct that they become aware of within working 5 days. College employees working under a license providing privilege (Sinclair Counselors) may be exempt from reporting requirements. For more information about the duty to report, see the Sinclair guidebook Sexual Harassment and Sex Discrimination Policy and Procedure.
If you are required to report the incident, explain your reporting responsibilities to the person who has disclosed the information to you. Explain that you are a mandated reporter. If you are able to explain options for confidential resources before receiving the disclosure, it is good to give someone a choice whether to disclose to a mandated reporter.
If you learn information that you have to report, remember that reporting equals supporting. When you report to the College the survivor will receive rights and options to help them understand their choices. They are not obligated to proceed with any resources or processes they do not want.

Confidential support for students: Call Sinclair’s Counseling Services Office and establish a Counselor/Client relationship 937-512-3032.

Confidential support for employees: Call the Sinclair Employee Assistant Program (EAP) for confidential counseling services at 800-628-9343 or 937-208-6626.