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

See link below.  Page down to Florida.  A bit out of date, but this may help.  The advocate confidentiality law in Florida is still valid, and if it applies to your program, would trump FERPA.  Also, if your records are sole possession records, they are exempt from FERPA.  Even if FERPA applied (and I'm not inclined to use FERPA as the means to eviscerate a victim's confidentiality), only those portions of the records directly related to the accused student would be his records.  You'd have to redact everything else. 

 

http://www.csom.org/train/victim/3/material/Section%203%20Handout%20-%20State%20Confidentiality%20Laws.pdf

 

Regards,
Brett A. Sokolow
Brett A. Sokolow, J.D.
Attorney-At-Law


"Best Practices for Campus Health and Safety"

The National Center for Higher
Education Risk Management, Ltd.
(a not-for-profit corporation)
20 Callery Way
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Brett Blogs! at www.ncherm.org

2009-2010 President, The National Behavioral Intervention Team Association (www.nabita.org)

NCHERM serves as counsel/advisor to 13 campuses, including:

Special Counsel to the Dean of Students, Dominican University (IL)
Special Counsel for Student Conduct Issues, Warren Wilson College
Special Advisor to the University of Texas, San Antonio
Special Counsel, Concordia University (TX)
Special Counsel, Northern Virginia Community College
Special Counsel, Southwestern Michigan College
Special Counsel, the Community College of Allegheny County
Special Advisor, Vassar College
Special Advisor, Henry Ford Community College

 

In a message dated 11/30/2010 1:55:23 P.M. Eastern Standard Time, writes:

Hello all,

 

I am hoping that you can lend your expertise to help us with a situation that I am not well versed in. The University received a public records request from a student who was charged by the University for sexual misconduct. We worked with the victim in this case. A member of our general counsel is saying that this request should include VAP files that include his name. Of course this is not something that we ever want to turn over but I'm really not familiar with how University victim advocate files are protected particularly in the state of Florida. Please let me know how any of you have handled this so that I may be better prepared to protect our student's records. Any information is greatly appreciated.

 

Sincerely,

Melissa

 

 

 

Melissa J. Ashton, MSW

Assistant Dean/Director

Victim Advocate Program

FSU Dean of Students Department, UCA 4139

(850) 644-7161 / FAX (850) 644-0687

 

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