Luther College is committed to creating and maintaining a safe and healthy environment where all members of its community—students, faculty, staff, and visitors—are treated with respect and dignity. Therefore, the College will not tolerate sexual misconduct in any form. Sexual Misconduct is not only an act against an individual; it is also an act that affects the entire Luther College community. Acts of sexual misconduct are inconsistent with our educational mission.
The Family Educational Rights and Privacy Act (FERPA) is a federal law protecting the privacy of student education records.
As a College, it is our philosophy that student record management is consistent with FERPA guidelines, so we treat the students as the people who are primarily privileged to authorize the release of their student record information. Consistent with FERPA, there are certain circumstances (see below) when with or without consent of the student the College may connect with parents or guardians. In most cases, the College will only share information when the student has signed a release form specifying circumstances related to Title IX be shared. Circumstances under FERPA in which a situation may be disclosed with or without consent:
For circumstances involving notification, parents/guardians may be notified by phone or in writing. Students who are financially independent (confirmed with the Financial Aid Office) may be considered exempt from parent/guardian notification.
Overall, the College will keep confidential the identity of any individual who has made a report or complaint of sexual misconduct, or has been identified as the perpetrator or respondent to any such report or complaint, or is a witness to any complaint or investigation, except as required to carry out the purposes of this policy (including the conduct of any investigation, hearing, or judicial proceeding), applicable law, or as permitted by FERPA. The College believes incidents relating to sexual misconduct are of a private nature and will generally not disclose information to individuals not directly involved with or without a responsibility finding. At times, may share with other appropriate officials on a need to know basis or legitimate educational interest, consistent with FERPA and/or to carry out the provisions of this policy. This typically includes the Office of Student Engagement, Title IX office, Center for Academic Enrichment, (academic supportive measures only) Director and Assistant Director of Campus Safety and Security, and, if necessary, the Threat Assessment Team. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ privacy. (for more information on subpoenas, see Criminal Process below)
The privacy of employee records will be protected in accordance with Human Resources policies. Only a small group of officials who need to know will typically be told about the complaint, including but not limited to: Human Resources office, Title IX office, the appropriate vice president or provost, Campus Safety and Security, and, if necessary, the Threat Assessment Team. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ privacy. An employee’s supervisor is not typically notified of circumstances related to Title IX.