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

["S. Daniel Carter" <>]

The exact Clery Act requirement, per 20 U.S.C. § 1092(f)(8)(B)(iv)(I), is
that both "the accuser and the accused are entitled to the same
opportunities to have others present during a campus disciplinary
proceeding... in cases of alleged sexual assault."

Essentially what this means is that each party is entitled to the same level
of assistance, or at least the opportunity to have the same level of
assistance (they can decline it), with the proceeding. If the accused can
bring someone who can speak in the proceedings so can the accuser, or if the
accused can bring someone who can only advise them then the accused can also
bring someone who can only adivse them and not speak openly.

Clearly in either scenario the advocate must have an understanding of the
process in order to effectively serve this function. This doesn't
necessarily mean going through the exact same training session but there
should be some means in place to impart an equal understanding of the
process for advocates on both sides if they are being provided by the
institution.

S. Daniel Carter
Senior Vice President
Security On Campus, Inc.
********************************
7505 Granda Drive
Knoxville, TN 37909-1730
phone: (865) 693-4316
fax: (865) 691-6979
http://www.securityoncampus.org/

on 9/10/08 9:45 AM, Angela Seguin at 

 wrote:

> Similar question for the list - in the spring I attended Clery Act Training
> and am still making adjustments to how I do things in my role as a victim
> advocate.  One thing I learned is that those who serve as advocates to
> victims for judicial hearings must be afforded the same priviledges or held
> to the same restrictions that are applied to judicial advisors for accused
> persons.  Anyone have experiences with NOT being given the same
> priviledges/restrictions on your own campus?  I know there was some debate
> about victim advocates attending judicial training over the summer on this
> list, and I would never serve as hearing officer, on appellate board, or as
> a judicial advisor in other kinds of cases.  But I am trying to attend the
> advisor training just so that I can learn what rights & restrictions apply
> to me when I attend a hearing with a victim.  (I haven't been invited to
> that either, despite having requested to attend.)
> 
> Angela
> 
> Angela DiNunzio Seguin
> Program Coordinator
> S.O.S. (Sexual Offense Support)
> Wellspring: Student Wellness Program
> University of Delaware
> (302) 831-3457
> http://www.udel.edu/wellspring