Confidentiality and Disclosing
Who can I tell if I want to keep it confidential?
Members of our Health and Counseling Center are the only NEC employees NOT required to disclose Title IX violations. Any information shared at the NEC Health and Counseling Center is strictly confidential. Health care providers in our center can provide confidential advocacy, crisis counseling and medical services, as well as explain options for additional support. Visits are confidential and medical records cannot be released without your consent except if subpoenaed by a court of law. There is a healthcare professional on-call for phone consultations after-hours. If the Health and Counseling Center is closed, listen to the outgoing message for directions on how to page the doctor on-call.
The NEC Health and Counseling Center
241 St. Botolph St, Room 112
Who can I tell if I’m not sure if I want to keep it confidential?
All NEC employees who are not members of the Health and Counseling Center are required to report allegations of Title IX violations to the Title IX coordinator. However, it is important to understand the importance between disclosing and reporting.
Disclosing is when you tell someone about a possible violation, but not necessarily with the intent to officially report the incident to the school or to initiate a disciplinary procedure. If it is your intent to tell someone about an incident because you need to talk or because you want help finding services, NEC recommends that you speak to a member of our Health and Counseling Center. The staff of our Health and Counseling Center will not share information without your permission unless they are subpoenaed by a court of law. Please note that all other NEC employees, including all members of the Residence Hall staff, are required to report any allegation of sexual misconduct or sexual‑ or gender‑based discrimination or harassment to the Title IX Coordinator, including names of the students involved, and relevant facts such as date, time and location of incident. In addition, NEC is obliged to include, without attribution, all allegations of sexual misconduct in our Clery report. (No names are ever included in the Clery report.)
Reporting is when you tell someone because you want the school to be aware of the violation or you want to initiate a complaint and/or start a grievance or disciplinary process. When you initiate a conversation with one of the administrators named below or with a member of the Residence Hall staff, they will advise you on the difference between disclosing and reporting and of their responsibility to report all violations to the Title IX Coordinator. While NEC strongly advises victims of sexual assault to pursue their case through the NEC adjudication system and the local police, we will not require students to do so.
Are there times when NEC cannot keep the information confidential?
NEC respects a student’s desire for confidentiality and will always strive to protect a student’s or employee’s right to privacy. However, confidentiality can limit the Conservatory’s ability to conduct a thorough investigation and take appropriate disciplinary action. Additionally, the Conservatory may be required to break confidentiality if the reported incident poses a credible threat to the safety of the NEC community or the public at large. Official school records are protected under FERPA, but like medical records, are subject to subpoena. Please see Appendix A for complete information about maintaining confidentiality.
Criminal Trial vs Administrative Adjudication
Do I have to tell the police?
NEC urges students and employees to report instances of sexual misconduct or domestic abuse to the police. However, we understand that sometimes individuals are hesitant to take this step. A police report is NOT required for NEC to begin an investigation into a Title IX violation.
How do I report a violation to someone at NEC?
Designated NEC administrators are available to support both the complainant and the respondent, and provide an explanation of rights, including:
· Access to counseling and medical services
· Access to legal services, including obtaining a restraining order through the Boston Police Department
· Strategies to avoid contact with the respondent while the investigation is pending
· The option to change enrollment status, such as taking a Leave of Absence
Students or employees are encouraged to report violations to any of the following NEC administrators who have been educated in the rights of and services available for both complainants and respondents:
Marianne Wisheart; Director of Human Resources
Deputy Title IX Coordinator for Staff and Faculty
Human Resources Department (St. Botolph Building, room 203)
Suzanne Hegland; Dean of Students
Deputy Title IX Coordinator for Student against Student Sexual Assault
Office of Student Services (St. Botolph Building, room 224)
Rebecca Teeters; Assistant Dean of Students
Office of Student Services (St. Botolph Building, room 224)
Stephanie Barnes; Academic and International Student Advisor
Office of Student Services (St. Botolph building, room 224)
Allesandra Cionco; Director of Residential Life
Office Adjacent to Student Lounge in Jordan Hall Building
Michael Ryan; Director of NEC’s Department of Public Safety, Title IX Coordinator
295 Huntington Ave, Room 207
What will happen to the person I have accused?
The responding party has a right to be informed of the accusation and of the investigative procedures, including the right to an NEC advocate. (Please see Appendix B: Rights of the Complainant and the Respondent.) During the investigation, the Title IX coordinator will attempt to separate the accused from the accuser. This may require a room-change in the residence hall, and/or a temporary change of course/rehearsal schedules; or changing work schedule or work situations.
As with all disciplinary cases, if the Title IX Coordinator determines that there is an imminent risk to the safety of community members or the ongoing functions of NEC and its community, he/she may suspend or otherwise restrict NEC access for the accused student or employee without prejudice to his or her record until the conclusion of the disciplinary proceeding.