Title IX and Sexual Violence
What is a Confidential Advisor?
A Confidential Advisor is an individual designated to aid a student/employee involved in a sexual misconduct complaint resolution process serving as a confidential resource. As suggested by the term "confidential advisor," confidential communications with the advisor will be kept confidential in all circumstances except where the institution or advisor may be required to disclose the communications under state and federal laws. University of Holy Cross (UHC) describes the duties of the Confidential Advisor to include:
1) To inform a complainant of the following:
- The rights of the complainant and respondent under University of Holy Cross policies.
- The complainant's reporting options, including the option to notify the Title IX Coordinator(s), the option to notify local law enforcement, and any other reporting options.
- If reasonably known, the potential consequences of the reporting options.
- The process of investigation, adjudication, and disciplinary proceedings of UHC.
- The limited jurisdiction, scope, and available sanctions of UHC student disciplinary procedures, and that this process should not be considered a substitute for the criminal justice process.
- Potential reasonable accommodations that UHC may provide to complainant.
- The name and location of the nearest medical facility where complainant may have a rape kit administered by an individual trained in sexual assault forensic medical examination and evidence collection, and information on transportation options for a visit to such facility.
2) To advise the complainant of, and provide written information regarding, both the complainant's rights and University of Holy Cross' responsibilities regarding orders of protection, no-contact orders, restraining orders, or similar lawful orders issued by UHC.
Disclosures or reports made to any other entities except those listed above are NOT confidential. For example, incidents of sexual misconduct discussed with a supervisor, resident assistant, staff, or faculty member, and those persons are "Responsible Employees" and, as such, are obligated pursuant to this policy to report sexual misconduct to the Title IX Coordinator(s).