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

["Jessie Mindlin" <>]

Juliette – I’m guessing you’re referring to the OCR decision in the Georgetown/Dieringer case. The OCR letter is attached  - see item 2) on page 2.  This issue is also referenced in the April 2011 Dear Colleague Letter (see page 13), which is also attached. The relevant excerpt is below:

(D) Notice of Outcome

Both parties must be notified, in writing, about the outcome of both the complaint and any appeal,31 i.e., whether harassment was found to have occurred. OCR recommends that schools provide the written determination of the final outcome to the complainant and the alleged perpetrator concurrently. Title IX does not require the school to notify the alleged perpetrator of the outcome before it notifies the complainant.

Due to the intersection of Title IX and FERPA requirements, OCR recognizes that there may be confusion regarding what information a school may disclose to the complainant.32 FERPA generally prohibits the nonconsensual disclosure of personally identifiable information from a student’s “education record.” However, as stated in the 2001 Guidance, FERPA permits a school to disclose to the harassed student information about the sanction imposed upon a student who was found to have engaged in harassment when the sanction directly relates to the harassed student. This includes an order that the harasser stay away from the harassed student, or that the harasser is prohibited from attending school for a period of time, or transferred to other classes or another residence hall.33 Disclosure of other information in the student’s “education record,” including information about sanctions that do not relate to the harassed student, may result in a violation of FERPA.

Feel free to let me know if you need additional information or resources. - Jessie

 

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From: Juliette Grimmett [mailto:]
Sent: Tuesday, October 25, 2011 8:06 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.

P Consider the environment before printing this email or the attachment.

Attachment: Georgetown U Dept of Ed Final Decision on Dieringer Clery case.pdf
Description: Georgetown U Dept of Ed Final Decision on Dieringer Clery case.pdf

Attachment: Dear Colleague Letter April 4 2011.pdf
Description: Dear Colleague Letter April 4 2011.pdf