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

Yes, we deal with it all the time, Mike.  There are three options to take in policy/training with RAs.  One is to declare them to be non-confidential sources, who are mandated to report what they learn.  This has the potential to shut down victim reporting to RAs, who are a valuable and frequent reporting resource.  Too cold.  The other extreme is to consider RAs completely confidential, and mandate no reporting from them of what they learn from victims or 3rd parties, unless there is consent from the victim.  This is too hot.  RAs have no legal confidentiality, so it's just a policy-based fiction.  And, RAs might learn of a danger to campus, and keeping it confidential could be negligence (in terms of Adriane's timely warning inquiry).  So which bowl of porridge is just right?  We've had great success with one domino at a time approach, which is to use policy to make RAs mandated reporters of sexual assaults, but to allow them to push over only one domino, by withholding personally identifiable information regarding the victim/perp, etc.  In that way, supervisors are on notice, Clery is satisfied, and an investigation (tho, limited) can occur.  If supervisors or campus law enforcement, based on the report, then determine they need more information, or need to talk to the victim, that domino can then and only then be pushed over, knowing that action may then cause other dominos to start falling without the victim having control.  While the RA might then pass along personally identifiable information, our experience is that forms the exception, not the rule.  In almost all cases, the victim's privacy is preserved, and actions disempowering the victim are avoided.  Where the victim's information is disclosed, she's had forewarning of this (hopefully the RA used their training to know to explain the boundaries to the victim when disclosure first occurred), and still has the right to refuse to share details with the directort/dean/LE.  Since legal obligations begin for the institution once personally identifiable details are shared with officials, protocols should clearly spell out what happens next and how, with a balance between campus safety and respecting the victim's needs.  How are others managing this effectively?

 

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


"Best Practices for Campus Health and Safety"

Managing Partner
The National Center for Higher
Education Risk Management, Ltd.
(a not-for-profit corporation)
20 Callery Way
Malvern, PA 19355-2969
Tel. (610) 993-0229
Fax (610) 993-0228
Brett Blogs! at www.ncherm.org

Executive Director, The National Behavioral Intervention Team Association (www.nabita.org)

NCHERM serves as counsel/advisor to 14 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 12/10/2010 9:48:55 A.M. Eastern Standard Time, writes:

What is going to become a conversation is how Residence Life is going 
to handle changes - creating a confidential system for residents to 
come forward to RAs without the fear of losing confidentiality in the 
Timely Warning system. RAs are not trained the same way advocates are 
trained (not even close to the number of hours sexual assault 
advocates go through in training).  Brett, have you or anyone else 
been approached on this specific component.

Currently, many Res Life programs struggle with the current laws, 
policies, and standards.

Mike Domitrz
http://www.DateSafeProject.org
Toll-Free: 800-329-9390

*See the 5 NEW Educational Posters at http://www.DateSafeProject.org

Now you have 17 posters to choose from for making a positive 
difference on your campus!!





On Dec 10, 2010, at 6:44 AM, wrote:

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?
Adriane,

Counselors and social workers working in a counseling center in the 
course and scope of their license would be exempt from Clery Act crime 
reporting, under the 1998 amendments.

Dan is right that privileged advocates would be similarly exempt, but 
almost all states that do so grant advocates confidentiality, rather 
than privilege.  Thus, advocates in most states will be required to 
report non-personally identifiable, statistical information.  This 
will be true regardless of where the advocacy program is housed 
(women's center, counseling center, etc.).  Any advocate who is also a 
professional counselor would be exempt only if advocacy activities 
fall within the scope of their licensure (advocacy does in a few 
states, not in most).

But, frankly, all advocates and counselors should be willing to do 
this, except in the rare circumstance where anonymous release would 
still prove to be personally identifiable.  I think the 1998 
amendments that reclassified counselors and clergy were a detriment to 
overall reporting clarity about sexual assault, and fed the 
misinformation about Clery that personally identifiable information 
was necessary to verify a statistical report of a crime.

Finally, counselors or social workers working in a women's center will 
likely be working outside the scope of their licenses, and therefore 
not exempt (but this will depend both on the job description and the 
specific licensing authority).


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

<ncherm-logo-short.jpg>
"Best Practices for Campus Health and Safety"

Managing Partner
The National Center for Higher
Education Risk Management, Ltd.
(a not-for-profit corporation)
20 Callery Way
Malvern, PA 19355-2969
Tel. (610) 993-0229
Fax (610) 993-0228
Brett Blogs! at www.ncherm.org

Executive Director, The National Behavioral Intervention Team 
Association (www.nabita.org)

NCHERM serves as counsel/advisor to 14 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 12/10/2010 12:51:57 A.M. Eastern Standard Time,
  writes:
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?