Published on: February 16, 2026
An ATIXA Tip of the Week by Kayleigh Baker, J.D.
Although the Title IX Regulations are prescriptive in many ways, one of the ways that college and universities retain some level of flexibility is with the designation of confidential employees—employees who, for the purposes of Title IX—are not required to disclose reports of sexual harassment to an institution’s Title IX Coordinator, even in the face of a policy that otherwise requires employees to do so.
Designating a suitable number of confidential employees as a safe space is widely considered to be a best practice, and in some cases, a requirement. For example, in California, Senate Bill 1491[1] requires the California State University system and California Community College districts to designate a confidential point of contact for lesbian, gay, bisexual, transgender, asexual, pansexual, intersex, gender non-conforming, and two-spirit (LGBTQIA+) faculty, staff, and students.
Unlike responsible employees/mandated reporters under Title IX, a confidential employee’s role is to listen, support, and refer, but not necessarily to submit an institutional report unless the Complainant requests it. While some employees are confidential by virtue of their roles, this Tip of the Week illustrates how institutions nationwide can add additional confidential employees, voluntarily or as a result of new state laws, to reinforce stronger, more responsive practices. Such designations assume a backdrop of otherwise broad reporting mandates that extend to all or virtually all other non-confidential employees.
Who Should Serve in These Designated Confidential Roles?
Selecting the right people is key. ATIXA recommends that a designated Confidential Employee should be an employee of the college or district whose role naturally supports confidential engagement with students and employees. This person(s) should be able to build trust, maintain boundaries, and operate without conflicts of interest created by mandated reporting obligations. Practically speaking, this resource should not be anyone whose primary responsibilities lie within the Title IX process, because those individuals are likely “officials with authority” who cannot realistically serve as confidential employees under Title IX.
Instead, look for non-licensed staff members within student health, mental health, identity resource centers, employee assistance programs, ombuds offices, advocacy programs, or counseling services. These individuals are already trained to safeguard sensitive information, support people in vulnerable moments, and maintain appropriate professional distance. They frequently serve as early points of contact for concerns related to well-being, identity, and safety, making them well-positioned to offer neutral, informed guidance. Hopefully, the implication here is clear, that even when designated as confidential, the institution still expects these employees to be able to offer quality information and resources to those who report incidents to them, and expects these employees to be able to refer to the Title IX office, when that is desired by the person reporting an incident to them. Confidentiality, ultimately, has to be up to the person impacted by the misconduct.
When identifying the right person(s) to designate, consider both skill set and capacity. This assignment should not simply be an additional task for someone already wearing multiple hats. Institutions should assess whether the prospective designee(s) has the capacity to take on a new responsibility that requires reasonable availability, strong listening skills, and the ability to manage confidential conversations. If capacity is limited, institutions may need to redistribute responsibilities, adjust workloads, or designate multiple confidential resources to ensure sustainability.
The implications of this decision extend beyond compliance. Choosing the right person(s) builds credibility for the institution’s support systems, strengthens rapport with community members, and reinforces a campus culture where individuals can seek help without fear of initiating a formal report without intending to. Taking the time to identify the appropriate staff member(s), confirm their capacity, and invest in proper training will yield long-term benefits for the entire community.
Training and Best Practices
ATIXA recommends that each Confidential Employee be knowledgeable about resources and Title IX regulations to ensure seamless, informed referrals.
To that end, training should go beyond basic awareness:
- Title IX and Grievance Process: The ability to accurately describe reporting options, supportive measures, and institutional responses, helping to bust common myths (like “every report becomes an investigation”).
- Confidentiality and Legal Parameters: Clear guidance on what information can and cannot be shared without written consent.
- Communication Skills: Learning or expanding on existing skills to enable engaging with compassion, neutrality, and clarity.
- Referral Networks: Familiarity with on- and off-campus resources, including mental health, housing, medical, and advocacy services.
Equipping the confidential resource with this training strengthens the institution’s capacity for early, informal resolution and trust-building.
Serving the Whole Community
Whether you intend to serve specific individuals or beyond, confidentiality is a universal need. In practice, this new point of contact should become a resource for any member of the college or university community seeking confidential consultation before engaging formal processes. Even in the event that you are adding a Confidential Employee with the specific intent to better serve a specific subset of your community (such as designating an athletic trainer because of specific concerns for student athletes), it likely makes sense to keep an open mind about letting that person be “confidential” for all. Positioning the contact within a broader network of confidential employees, including campus advocates, counselors, and health professionals, ensures consistent messaging and access to confidential support for all.
Implementation Checklist
To align with best practices, colleges and universities should:
- Designate an employee(s) whose role allows for confidentiality and is not part of the Title IX structure.
- Define the limits of confidentiality (if any), such as in emergency situations.
- Publicize a list of Confidential Employees and contact information clearly on the website and in written materials.
- Provide training on confidentiality, communication skills, and the Title IX grievance process.
Let ATIXA Help You
Need help strengthening your confidential resource infrastructure? ATIXA offers training, policy reviews, and implementation guidance for higher education institutions.
ATIXA also assists California State University system institutions, California Community College districts, and other higher education institutions with implementing SB 1491, tailored to the complexities of multi-campus systems.
Contact us at inquiry@tngconsulting.com to get started.
[1] Education Code §66271.2