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Confidential Resources with Both Legal Privilege and the Duty of Confidentiality

Communications with resources that have legal privilege are provided legal protections from disclosure in court. These resources also possess professional obligations (the duty of confidentiality) to hold such communications in confidence and they cannot divulge information about an individual seeking their services to a third party without that individual’s consent. There are established limits to confidentiality and these must be communicated to the individual seeking services.

College-Designated Resources with a Duty of Confidentiality

Communications with these resources do not have legal privilege and as such are not provided legal protections from disclosure in court. These individuals and/or offices do possess professional obligations (the duty of confidentiality) to hold communications in confidence and they cannot divulge information about an individual seeking their services to a third party without that individual’s consent. In addition to established limits to confidentiality that must be communicated to the individual seeking services they have limited reporting responsibilities federally mandated by the Clery Act. Under the Clery Act, their reporting obligation arises when they become aware of information or allegations of criminal behavior and must report the information regarding an incident to the College’s Clery Coordinator, they do not have to report identifying information about the individuals involved in an incident.