Confidential Support

An individual who wishes for the details of an incident to remain confidential may speak with certain College officials who, by law, must maintain confidentiality and may not disclose the details of an incident, except as required by law. These officials are included as Confidential Resources.

Confidential Resources are available for individuals to discuss incidents and issues related to sexual assault/misconduct on a confidential basis. Confidential resources can provide individuals with information about support services and their options.

• What does Confidential Mean?
• On-Campus Confidential Resources
• Off-Campus Confidential Resources

What does Confidential Mean?

Confidential resources will not disclose information about incidents of sexual assault/misconduct to anyone, including law enforcement or SMC, except in very limited situations, such as when failure to disclose the information would result in imminent safety or danger to the individual or to others.

Before an individual reveals information that they may wish to keep confidential. The college shall make every effort to ensure that the complainant understands the following:

• If they report an incident to a non-confidential person, that person is obligated to report the names of the complainant and respondent involved in the alleged sexual misconduct, as well as all other relevant facts, to the Compliance Administrator/Title IX Coordinator or other appropriate campus officials;

• If a complainant requests or insists that their name or other identifiable information not be disclosed to the respondent, SMC will inform the complainant that honoring the request may limit the SMC's ability to respond fully to the incident, including pursuing disciplinary action against the respondent. SMC will also explain that Title IX includes protections against retaliation and that District officials will not only take steps to prevent retaliation but also take strong responsive action if it occurs, including without limitation, against any retaliatory actions taken by the District and District officials.

• If the complainant wants to share with a confidential resource the options at SMC are the Health Service Center, Ombuds Office, and/or the Center for Wellness and Wellbeing (make these words links to their website) or there are also non-College organizations (make this word a link to Section SMC AND COMMUNITY RESOURCES) that provide advocacy, health, mental health or sexual assault-related services on a confidential basis. Because of the confidential nature of these resources, disclosing information to or seeking advice from a confidential counselor does not constitute a report or complaint to SMC and will not result in a response or intervention by the College.

When SMC becomes aware of sexual misconduct, SMC may have an obligation to proceed with an investigation, regardless of a complainant's wishes to the contrary, in order to ensure the safety of the District community. Complainants are not required to participate; however, this may limit the SMC's ability to effectively respond to the incident.

If the complainant continues to ask or insists that their name or other identifiable information not be revealed, the District will evaluate that request in the context of its responsibility to provide a safe and nondiscriminatory environment throughout the District. Thus, the District will weigh the request for confidentiality against the following factors: (1) the seriousness of the alleged incident; (2) whether other students or employees are at risk; (3) the complainant's age; (4) whether there have been other similar complaints about the same individual; (5) whether there are other means of obtaining relevant evidence; and (6) the alleged harasser's rights to receive information about the allegations if the information is maintained by the school as an "education record" under the Family Educational Rights and Privacy Act ("FERPA").

Center for Wellness and Wellbeing
310-434-4503

Health Services Center
310-434-4262

Ombuds Office
310-434-3986