Law / United States / 
Massachusetts
Sexual misconduct policies: confidentiality of reporting and responding parties, anonymous reports and confidential resource providers
In force.
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Disclosure, Consent, Governance
What it requires
- If you are a public or independent institution of higher education in Massachusetts authorized to grant degrees, state in your sexual misconduct policy that you will not disclose the identity of the reporting party or the responding party except as necessary to carry out a disciplinary process or as permitted under state or federal law (chapter 6, section 168E(b)(vii)(L)).
- Provide a method for anonymously reporting an incident of sexual misconduct involving a student or employee (chapter 6, section 168E(i)).
- Notify students and employees of your obligations under state and federal law to investigate or address alleged sexual misconduct, including when it was reported anonymously, to assess whether a report triggers a timely warning or emergency notification that may in limited circumstances release the reporting party's identity, and to disclose the identity of a reporting party to another student, an employee or a third party (chapter 6, section 168E(j)).
- Designate at least one confidential resource provider who is not a student, a Title IX coordinator or an employee required by Title IX to report to the coordinator (chapter 6, section 168E(l)).
- Do not release information given to a confidential resource provider to a campus official or law enforcement officer or agency without the reporting party's written consent, and make sure the provider does not disclose confidential information without that consent unless state or federal law requires it (chapter 6, section 168E(l)).
These lines are LexLint's reading of the law's text.
What this law does
Section 168E of chapter 6 of the General Laws applies to each public or independent institution of higher education located in the Commonwealth and authorized to grant degrees. An institution's sexual misconduct policy must state that the institution will not disclose the identity of the reporting party or the responding party, except as necessary to carry out a disciplinary process or as permitted under state or federal law.
An institution must provide a method for anonymously reporting an incident of sexual misconduct involving a student or employee. An institution must notify its students and employees that it must assess whether a report triggers a timely warning or emergency notification, which may in limited circumstances result in the release of the reporting party's identity. Each institution must designate at least one confidential resource provider.
A confidential resource provider may not disclose confidential information without the prior written consent of the reporting party who shared it, unless state or federal law requires. Information given to a confidential resource provider may not be released to a campus official or law enforcement officer or agency without the reporting party's written consent.
A confidential communication is not subject to discovery and is inadmissible in a criminal or civil proceeding without the written consent of the party who shared it.
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