Swinton quoted in Inside Higher Ed on confidentiality

Daniel Swinton, senior executive vice president at the NCHERM Group, a law and consulting firm that advises schools and colleges on safety issues, said that Title IX requires colleges to have in place policies that promote accountability in sexual harassment and assault cases and protect the safety of victims. And colleges usually view maintaining privacy in investigations as a way of keeping victims safe emotionally as well as physically, he said.

Regardless of what institutions find in their investigations, Swinton added, because of legal concerns and concern for the parties involved, they “aren’t in the habit of broadcasting outcomes.” That leaves open the possibility for a “skewed narrative to get out to the public, particularly on social media. The story that gets out there first is the one that gets the most traction.”

Still, Swinton said, colleges and universities rarely if ever intervene to correct the public record – even if they were to obtain the consent of both parties.


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