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

["S. Daniel Carter" <>]

Adriane,

Security On Campus has received a $100,000 grant from the U.S. Department of Education to update our Jeanne Clery Act Training program and one of the major areas we will be focusing on is better collaboration on the sharing of information among campus officials, especially advocates when there are sensitive crimes involved. We want to make sure that the information Clery requires to be shared with other officials, and ,in instances like when a timely warning is required, shared with the public is done so in a manner that maximizes victim confidentiality. While some of these resources will be available only through our sessions, some will also be available on our website next year. We’d certainly welcome input from the list.

The Clery Act, at 20 USC § 1092(f)(10), does provide that nothing in the Act "shall be construed to require the reporting or disclosure of privileged information." The U.S. Department of Education’s guidelines, at 34 CFR 668.46(c)(6), only specifically exempt "crimes reported to a pastoral or professional counselor", but if a communication with another type of personnel is protected by privilege the statutory exception would still apply. Privilege isn’t defined here, but generally means a communication that a court, under normal circumstances, can not compel disclosure of. If a state affords this degree of protection to a victim advocate, as some do, then I believe it would fall within the scope of this exception even if the state law calls it something else.

Clery regulations already provide for channels for the voluntary confidential sharing of information that would otherwise be privileged while still protecting victim information. This is one aspect of the guidelines we will be further exploring as a part of our new training materials.

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S. Daniel Carter

Director of Public Policy

Security On Campus, Inc.

http://www.securityoncampus.org/

e-mail:

On 12/9/10 7:01 PM, "Adriane Bang" <> wrote:

Hello Sister Centers and colleagues! 
I'm working to develop a better understanding about Clery Campus Timely Warnings, including time from notification to publication, determination for issuance, and content.  I'm interested in reviewing any policies folks are able to share, as well as examples of such warnings.

Also, are campus advocates (where states offer confidentiality for advocates) or licensed social workers/counselors in campus counseling centers or women's centers required by any federal laws to share information for Clery reporting purposes? 

Thanks!

Adriane Bang, LMSW
Violence Awareness & Response Coordinator
Boise State University Women's Center
1910 University Drive
Boise, Idaho 83725
208-426-2406