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

[MIKE DOMITRZ <>]

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

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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?