All members of the University community who are involved in a matter before the UWC should understand their obligations regarding the confidentiality of UWC documents.
The UWC’s procedures state that “all documents that are prepared specifically for use in a formal proceeding (‘Confidential Documents’) must be held in strict confidence.”
The purpose of confidentiality is to encourage parties and witnesses to participate in UWC proceedings and share all the pertinent information they have to offer, which is essential to reaching a fair outcome. If parties or witnesses fear that Confidential Documents could be disclosed, then concerns about reputation, social tension, or retaliation may cause them to keep silent. Every member of the University community should recognize that breaches of confidentiality hurt the participants and have the potential to erode respect for the UWC process. This confidentiality requirement extends to the use of artificial intelligence systems. The confidentiality requirement means UWC records are designated as high-risk data and individuals with access to Yale systems may only use artificial intelligence systems that have been approved by Yale for use with high-risk data that protect information from further disclosure (see: https://ai.yale.edu/yales-ai-tools-and-resources). For individuals without access to Yale-approved artificial intelligence systems, the use of non-secured artificial intelligence systems is strictly prohibited and, if an artificial intelligence system is used, said system must satisfy equivalent standards for nondisclosure and confidentiality as Yale-approved artificial intelligence systems.1
Similarly, for matters that result in a UWC hearing, hearing attendees are prohibited from recording or taking a photo(s) of the hearing. The only exception applies to representatives from the UWC who may record a UWC hearing. Where access to view the UWC hearing recording is provided, individuals with access or permitted to access the recording must maintain strict confidentiality. This includes but is not limited to a prohibition on downloading, recording, photographing, or disseminating all or parts of the hearing recording.
The UWC’s procedures allow parties to select an advisor with whom they can discuss all aspects of the proceedings, and the University understands that parties will seek support and advice from their families. We expect, however, that parties will impress on their advisors and families the importance of maintaining the confidentiality of documents prepared specifically for use in UWC proceedings, as well as the UWC hearing recording. Parties may not disclose Confidential Documents or the UWC hearing recording to anyone other than their UWC advisors, family members, and attorneys, and parties must inform recipients that these documents or recordings are strictly confidential and may not be further disclosed. The University may take disciplinary action against any member of the Yale community who discloses or publishes any portion of a Confidential Document or UWC hearing recording in violation of UWC procedures or who is responsible for the improper disclosure or publication of such documents and recording by others.
Finally, breaching confidentiality may have legal implications. The circumstances surrounding allegations of sexual misconduct are often sharply disputed and have the potential to affect the reputations of the persons involved. The University believes that statements made in good faith as part of UWC proceedings are legally protected. Statements made outside of UWC proceedings may lack that protection and could lead to a legal claim against the person who makes them.
If you have any questions regarding your responsibility to preserve the confidentiality of UWC documents and the UWC hearing recording, please contact the UWC at uwc@yale.edu.
1 To the extent parties or witnesses utilize artificial intelligence with information submitted to the UWC, the individual also is required to ensure that the information is truthful. If the information submitted is untruthful, the use of artificial intelligence will not excuse having failed to comply with the obligation to provide truthful information.