What requirements does a school have regarding confidentiality under the Title IX Final Rule?

Under the Title IX Final Rule, a school is required to keep confidential the identities of the complainant, the respondent, and any witnesses in a title IX proceeding, except as permitted by FERPA or otherwise permitted under the law to the extent necessary to carry out a Title IX proceeding. Although the school has this obligation by the nature of a Title IX proceeding in the process including a live hearing, the identities of the complainant, the respondent, and the witnesses would become known to each other in most instances.

Although a school has this obligation, it is not always the case that matters would be kept confidential. As to what recourse there maybe, if this were to take place, it would depend on the circumstances at hand. Having an experienced attorney advisor can help best protect your interest and your rights, and he will help you navigate and understand the process. They should be involved from as early as possible in a Title IX sexual misconduct case.

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