Law / United States / 
Washington
Postsecondary educational institutions: complainant and witness identity in sexual misconduct findings kept in an employee's personnel file
RCW 28B.112.070(2); chapter 335, Laws of 2020
In force.
A sensitive categories rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- This binds public institutions of higher education, degree-granting institutions, private vocational schools and schools under RCW 18.16.020 that participate in the state student financial aid program (RCW 28B.112.040 and 28B.112.070).
- When you disclose records from an employee's personnel file or employment records that contain substantiated findings of sexual misconduct, keep the personal identifying information of the complainant and any witnesses confidential, unless the complainant or witnesses agree to disclosure or the law requires it (RCW 28B.112.070(2)(b)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
RCW 28B.112.070(2) requires findings to be placed in the personnel file and complainant identity kept confidential on disclosure. It sets no log of disclosures, no content fields, names no audit and gives no party a right to demand a record.
- Kind
- None
- As of
What this law does
A postsecondary educational institution must include in the employee's personnel file or employment records any substantiated findings of sexual misconduct committed by the employee while the employee was employed with the institution. When disclosing those records, the institution must keep personal identifying information of the complainant and any witnesses confidential, unless disclosure of identifying information is agreed to by the complainant or witnesses or required under law.
Personal identifying information in an employee's file or employment records that reveals the identity of the complainant and any witnesses is exempt from public disclosure under RCW 42.56.375.
A postsecondary educational institution means an institution of higher education as defined in RCW 28B.10.016, a degree-granting institution as defined in RCW 28B.85.010, a private vocational school as defined in RCW 28C.10.020, or a school as defined in RCW 18.16.020, that participates in the state student financial aid program.
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