Protections

Retaliation

The University of Alabama prohibits retaliation by its employees, students, or agents against an individual who exercises their rights pursuant to any provision of Title IX, Title VII, the Campus SaVE Act, or the Title IX and Sexual Misconduct Policy.  The University encourages students, faculty, and staff to express freely, responsibly, and in an orderly way opinions and feelings about any problem or complaint of Prohibited Conduct, illegal discrimination, or harassment.  Retaliation against persons who in good faith oppose or complain about Prohibited Conduct, illegal discrimination or harassment is prohibited.

Retaliation is any action that a reasonable person would expect to have the effect of intimidating, threatening, coercing, or discriminating against a person for engaging in a legally protected activity, such as alleging Prohibited Conduct, harassment, or illegal discrimination; filing a complaint; assisting or participating in an investigation of such complaint; refusing to participate in any manner in an investigation, hearing, or other proceeding; opposing an allegation of Prohibited Conduct; or advocating for others’ Title IX or Title VII rights. The Title IX and Sexual Misconduct Policy prohibits retaliation in the form of harassment, intimidation, threats, or coercion, or in the form of any materially adverse harm that would dissuade a reasonable student, employee, or third party from filing a complaint or participating in a Prohibited Conduct related investigation.

Any employee or student who retaliates against an individual in violation of the law and/or the Title IX and Sexual Misconduct Policy is subject to disciplinary action, up to and including termination from employment or dismissal as a student from the University.

Confidentiality/Privacy

Conversations with the Title IX Office are kept as private as possible and may only be shared on a need to know basis as permitted by FERPA, or as required by law or to carry out the purposes of Title IX regulations or a Sexual Misconduct investigation, including the conduct of any active review, investigation, hearing or judicial proceeding, review/appeal, or resolution of matters within the scope of Title IX or the Title IX and Sexual Misconduct Policy. University employees assisting with a Title IX or Sexual Misconduct matter are expected to safeguard private information in accordance with applicable laws (including, but not limited to, FERPA, HIPAA, and other privacy laws). Complainants are advised that requests for confidentiality will limit the University’s efforts to end the inappropriate conduct, prevent its recurrence, and remediate its effects.  However, information about incidents of alleged Prohibited Conduct must be shared with relevant administrators if the Title IX Coordinator determines that the University needs to take action to address an immediate threat to the physical health or safety of any students or other individuals arising from the allegations of Prohibited Conduct. In all cases, the request for confidentiality by the person initiating the conversation is given consideration.

Confidential Resources: University employees who qualify for the confidentiality privilege by law cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information..  These “Confidential Employees” may include (but are not necessarily limited to) all employees of the Women & Gender Resource Center (WGRC), the University Counseling Center, the Student Health Center, University Medical Center, the Psychology Clinic, the Autism Spectrum Disorders Clinic, the Capstone Family Therapy Clinic, the University of Alabama School of Law clinics, and qualified news reporters in accordance with Ala. Code § 12-21-142. The University is not deemed to have actual knowledge of alleged Prohibited Conduct based on a report to employees of these offices.

Amnesty