Confidentiality
When considering reporting options, Victims should be aware that certain personnel employed by Lamar State College-Port Arthur can maintain strict confidentiality, while others have mandatory reporting and response obligations.
Confidential Reporting
Laurie Marcantel, M.Ed., L.P.C., A.T.S.
Disability Services Coordinator
Madison Monroe Education Building Rm 231B
(409) 984-6241
marcantella@lamarpa.edu
LSCPA personnel that are not confidential employees and who receive a report of alleged sexual misconduct are required to share the information with the Title IX Coordinator for investigation and follow up. (See Mandatory Reporting for more information.) Lamar State College Port Arthur will protect a Complainant's confidentiality by refusing to disclose his or her information to anyone outside the College to the maximum extent permitted by law.
As for confidentiality of information within the College, the College must balance a Victim's request for confidentiality with its responsibility to provide a safe and non-discriminatory environment.
The identity of the following individuals is confidential and not subject to disclosure under the Texas Public Information Act, unless such individual(s) waive nondisclosure in writing:
- an alleged victim of an incident of sexual misconduct;
- a person who reports an incident of sexual misconduct;
- a person who sought guidance from LSCPA concerning such an incident;
- a person who participated in LSCPA’s investigation of such an incident; or,
- a person who is alleged to have committed or assisted in the commission of sexual misconduct, provided that after completion of the investigation, the Component determines the Complaint or Report to be unsubstantiated or without merit.
The identity of these individual(s) may only be disclosed to the following:
- LSCPA, as necessary to conduct an investigation and resolution of the investigation;
- the person or persons alleged to have perpetrated the incident of sexual misconduct, to the extent required by other law;
- a law enforcement officer, as necessary to conduct a criminal investigation;
- potential witnesses to the incident, as necessary to conduct an investigation; or,
- a health care provider in an emergency situation, as determined necessary by the LSCPA.
If there is a direct conflict between the requirements of FERPA and the requirements of Title IX, such that enforcement of FERPA would interfere with the primary purpose of Title IX to eliminate sex-based discrimination in schools, the requirements of Title IX override any conflicting FERPA provisions.