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

[Heather Horton <>]

Juliette—The Center for Public Integrity’s report, which you can find here:  http://www.publicintegrity.org/investigations/campus_assault/articles/entry/1838   lays out the history of non-disclosure requirement cases against schools.  The report states: 

“In November 2008, however, the Education Department determined the school had violated the Clery Act. In a letter to UVA President John Casteen, it stated “the University cannot require an accuser to agree to abide by its non-disclosure policy, in writing or otherwise.” The November 3, 2008 letter added:

It is … clear that several UVA students were persuaded that failure to adhere to the confidentiality policy could have resulted in serious consequences ranging from disciplinary action to not being granted a hearing before the Sexual Assault Board in the first place.

The department’s UVA decision has made it clear that alleged student victims are no longer required to keep quiet about their hearing results. This year, in fact, the Education Department has amended its FERPA regulations to specify as much. The new regulations have thus effectively ended confidentiality requirements for hearing results on college campuses. But they have left open questions about broader secrecy requirements to participate in the college judicial process — even on the UVA campus.”

Also, the Title IX Dear Colleague letter stipulates that “Additionally, a postsecondary institution may disclose to anyone—not just the alleged victim—the final results of a disciplinary proceeding if it determines that the student is an alleged perpetrator of a crime of violence or a non-forcible sex offense, and, with respect to the allegation made, the student has committed a violation of the institution’s rules or policies.36”

Hope that helps!

--Heather

 

 

 

Heather L. Horton, Ph.D.

Sexual Assault Response Coordinator

Psychologist

Colorado College

(719) 227-8101

http://blog.coloradocollege.edu/SARP//welcome/

 

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From: Juliette Grimmett [mailto:]
Sent: Tuesday, October 25, 2011 9:06 AM
To: ; ;
Subject: confidentiality re: survivor in SM hearing

 

Hello all -

 

I know that several years ago there was a change made federally that made it allowable for the survivor in a campus sexual misconduct hearing to be able to share the outcome.  Does anyone have that documented somewhere so that I can share it with our Student Conduct folks?

 

Thank you

 

 

Juliette Grimmett
Assistant Director, NC State University Women's Center
Interpersonal Violence Services

Office for Institutional Equity & Diversity

3120 Talley Student Center
Raleigh, NC 27695
o: 919-515-2012

f: 919-515-1066

 

Are you a student who needs support for yourself or a loved one regarding sexual and relationship violence including stalking?  The Women's Center is now able to offer NCSU students confidential support services Monday-Friday 9am-5pm.

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