Limits to Confidentiality When Reporting Sexual Harassment
View the Limits to Confidentiality When Reporting Sexual Harassment Power Topic
Content Warning
This Power Topic includes sensitive material related to sexual harassment and assault. Some content may be triggering. Survivors may wish to seek the support of a trusted ally during this presentation.
What’s Ahead
- Your legal status at school
- Getting advice while protecting your privacy
- What happens when you talk to a counselor
- What happens when you talk to a teacher or staff member
- The role of the police
- What to do if you are sexually assaulted
- What to do if you experience or witness sexual harassment
Key Definitions
- Disclosure: The act of making new or private information known.
- Policy: A course or principle of action used by an organization.
- Legal adult: A person age 18 or older who can consent and enter contracts.
- Minor: A person under the age of legal responsibility.
- Mandated reporter: Someone legally required to report suspected child abuse or sexual misconduct.
Your Legal Status at School
If you are under 18:- Schools must follow state law and district policies
- Most school staff are mandated reporters
- You generally have more control over how and when information is shared
Option 1: Getting Advice Without Triggering a Report
You can ask for advice using a hypothetical situation — for example, saying you are asking for a friend.- Describe the situation without naming people
- Do not share identifying details
Option 2: Talking with a School Counselor
Intervention counselors, health center staff, or academic counselors can:- Explain reporting options
- Help you prepare for difficult conversations
- Practice what to say through role-play
When Counselors Must Share Information
- The harassment continues or escalates
- Other students are at risk
- There is a significant age or power difference
- There is risk of self-harm or harm to others
- The abuse involves criminal conduct or explicit images of minors
Option 3: Talking with a Teacher or School Staff Member
When you report to a teacher or staff member:- Always informed: Administrator and Title IX Coordinator
- Almost always informed: Parent/guardian, alleged harasser
- Sometimes informed: Police, safety staff
- Never informed: Other students or community members
Option 4: Talking with a Community Advocate
You can contact a nonprofit sexual assault response organization using RAINN’s interactive form.- Many advocates are not mandated reporters
- Do not give your last name
- Ask if they serve minors confidentially
About the Police
When a report involves a crime, the police may be notified. Police reports are confidential and generally only accessible to you or your parent/guardian. You may speak hypothetically with a School Resource Officer to understand potential outcomes.Talk About It
- Why is controlling your information important?
- Would asking “for a friend” feel safer?
- How could this information help students at your school?
Do More
- Role-play how to ask for advice safely
- Create a one-page chart explaining reporting options
- Talk with school safety officers about student protections
- Share one thing you learned and one action you will take
Learn More
- Review your school’s sexual harassment policies
- Learn how investigations and safety plans work
- Speak with administrators about student support during investigations
Sources & Acknowledgements
Research support provided by Margit Roos-Collins, JD, Berkeley Unified School District.If You Are Sexually Assaulted
- Get to a safe place immediately
- Call 911 or local police
- Contact someone you trust
- Call the RAINN Hotline: 1-800-656-4673
