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

[Brett Sokolow <>]

I would caution, too, about viewing OCR as the definitive answer on the duty to investigate.  Title IX imposes one level of duty, but state negligence law imposes another, and acting to protect the campus community from a predator or pattern offender despite a victim’s wish for anonymity may be part of our duty of care (protecting the next victim, essentially).  I also think OCR in the DCL and in the 2001 Guidance doesn’t do service to the concept of initial investigation v. comprehensive investigation.  The former is always needed, while the latter may depend on a number of factors, including the victim’s consent to proceed. 

 

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


"Best Practices for Campus Health and Safety"

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NCHERM serves as counsel/advisor to 22 campuses, including:

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From: S. Daniel Carter [mailto:]
Sent: Wednesday, July 20, 2011 11:58 AM
To: Melinda Dubois; SAPC List Serv
Cc: Alison Kiss; Melissa Lucchesi
Subject: Re: Sexual Assault options document

 

Melinda,

 

SOC has a “know-your-rights”  document and I’ll have my colleague Melissa Lucchesi get back to you about that when she is back in the office next week.

 

With respect to Title IX investigations I think it is important to remember that the April “Dear Colleague” letter makes extensive references back to OCR’s 2001 guidance. That guidance, available at http://www2.ed.gov/offices/OCR/archives/pdf/shguide.pdf, discusses in greater detail what OCR expects in terms of an investigation. You are correct that they held that personally identifying information should be shared with the Title IX Coordinator – but they also state that it may be appropriate for that person to simply retain information about the accused to document a possible pattern. They are not necessarily compelled to interview the accused  – absent evidence that students other than an individual accuser who wants nothing done are facing a hostile environment. We are working on getting a further clarification of this as well.

 

********************************

S. Daniel Carter

Director of Public Policy

Security On Campus, Inc.

phone: (202) 684-6471

http://www.securityoncampus.org/

e-mail:

 

From: Melinda Dubois <>
Date: Wed, 20 Jul 2011 10:45:59 -0400
To: SAPC List Serv <>
Subject: Sexual Assault options document

 

Hi everyone,

I am sure that you are all trying to negotiate through the Title IX requirements.  I have a couple of questions and would appreciate your expertise.
1) Does anyone have a document that they would be willing to share that specifies options students have in pursuing cases? i.e. conduct, legal, Title IX grievance, nothing?
2) Is it your understanding that despite the wishes of the student, identifying information must go to the Title IX Coordinator, who is compelled to investigate the claim?
3) Now that NCHERM's training is full, does anyone know of other options to train Title IX Coordinators? perhaps online training?
Thanks for your help.
This can be a bit mind-boggling!

Melinda

--

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Melinda DuBois LMSW

AdministrativeDirector of Student Health and Counseling

Lauderdale Center

SUNY Geneseo

1 College Circle

Geneseo, NY 14454
585-245-5736