Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

I have two ideas:

1. Title IX's requirement that policies and procedures be "prompt and 
equitable" could be read to require notice to the victim  because it is 
certainly 
fair - thus "equitable" to inform a victim of her assailant's presence on 
campus 
given risks of recidivism, retaliation and simply because the victim is 
better 
off psychologically not confronting him on campus accidentally - because such 
a confrontation can be a source of retraumatization.

2. Schools may be held liable for not informing the victim of the 
perpetrator's return under a theory analogous to the warnings therapists give 
to people 
when their patients make threats to identifiable individuals-- (Tarasoff 
warnings).  There is enough of a duty of care that not to warn may lead to 
liability 
if the school fails to inform the victim and the victim suffers harm -- 
whether by a reoffense or even harm from the trauma of being surprised by his 
unannounced presence on campus.

Wendy Murphy