This policy has been signed by all members of the Conduct Committee.
In order to ensure the safety and privacy of all Firefly participants involved in a Conduct Committee process, it is the policy of the Conduct Committee to protect the confidentiality and privacy of those participants who are involved in investigations of reports submitted to the Conduct Committee, and to hold confidential all personally identifying or individual information, communications, observations, and information made by, between, or about participants, including the identity of the reporter.
The Conduct Committee Members are charged with maintaining the confidentiality of all participants as outlined in the Conduct Committee policies and in federal and state law. The Conduct Committee shall not disclose any personally identifying information or individual information collected in connection with Conduct Committee investigations or reveal any individual participant information without the informed, written, reasonably time-limited consent of the person about whom information is sought.
The the Conduct Committee will avoid any inadvertent release of personally identifying information or individual information about any participant. The obligation to maintain confidentiality does not end when the investigation is concluded. Confidentiality extends to all current and former investigation participants, including those whose complaints were not investigated.
Actions taken as a result of a report may at times be shared with the greater community only where all personally identifying information has been excluded and in accordance with the Firefly Arts Collective Board’s oversight.
Conduct Committee members understand that their volunteer position is contingent on adherence to confidentiality.
Confidential information can be released only in accordance with the guidelines set out below.
- Written Agreement To Maintain Confidentiality
- All participants, volunteers, counselors, advocates, consultants, and board members, must sign a written agreement to maintain confidentiality. This agreement will be placed in the case files for each report.
Possible Exceptions
Emergencies which are life threatening or could result in serious bodily harm.
To the extent possible, emergency services should be contacted without revealing any confidential information about any program participant. In many cases, the participant should be conscious and able to speak with Emergency Medical Technicians (EMT). It is important to remember that even if it is appropriate to call 911, it is never appropriate to share a participant’s whole case history or file. In addition, it is not appropriate to specifically comment on any ongoing cases that the participant may be involved in with the Conduct Committee.
Staff may disclose confidential information when there is a clear and imminent danger that is life threatening or could result in serious bodily harm to an individual. When appropriate and possible, this determination should be made by a Board Member of Firefly Arts Collective. If time is of the essence, staff should first call 911 and notify a Board Member as soon as is reasonable.
Mandatory reports to Children’s Protective Services in cases of child abuse and neglect.
Any report shall only be made according to the child abuse and neglect reporting laws.
Definitions
- ‘Confidential information’ includes any written or spoken information which was expressly shared with the condition that it remain confidential. Including any information that might identify the location or identity of someone who has submitted a report.
- ‘Confidential communication’ includes all information received by the participant and any advice, report, or working paper given or made by the Conduct Committee member. Any and all knowledge, advice, records, logs, and organizational records, or working papers (including electronically maintained records) are confidential and are not to be shared with a third party. Communications are confidential even if the participant shares the information with third parties, who are working to further the interest of the participant. Confidential documents received from other agencies (for which a service participant had to execute a written release) are confidential and part of the scope of confidential communications.
- ‘Personally identifying information’ or ‘personal information’ is individually identifying information about an individual and includes information likely to disclose the location of a reporter.
This information can include—- First and last name.
- Home or other physical address.
- Contact information (including a postal, e-mail, or Internet protocol address or telephone number).
- Any other information (including date of birth, racial or ethnic background, or religious affiliation) that, in combination with (A) through (D), would serve to identify an individual.
- ‘Participant’ is any person, including the reporter, bystander, witness, Firefly volunteer, Firefly Ranger, Medical Volunteer, BARCC Trained Advocate, Conduct Committee member, or any other party involved in the investigation. Whether report and investigation are carried out via telephone, electronically, or in person and whether the report was submitted on their own behalf or for someone else.
I have received and read a copy of Firefly Arts Collective Conduct Committee policy on confidentiality and understand that as a Conduct Committee Member I am bound by this policy.