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

[Gillian Greensite <>]

A couple of thoughts Brett. 

One, college suspension for rape is a travesty of justice in my mind. If the verdict by the school is rape, then expulsion should be mandatory. Two, both of the cases you describe involve students found guilty by the schools. That provides for a greater range of responses by the schools, including the carefully-considered sharing of information.

My reading of Shari's enquiry was in regards to a student accused of non-stranger rape as opposed to a student convicted. Quite different situations. My comments were for the former.

Gillian

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From: Brett Sokolow <>
To: Gillian Greensite <>
Cc: Shari Murgittroyd <>; "" <>
Sent: Tue, November 29, 2011 5:09:13 PM
Subject: RE: Sample Crime Alert for Campus Acquaintance Rape

Hi Gillian,

 

I think you make valid points.  There is a range of practice here, and my bottom line is simply that I don’t want us to outright refuse to use personally identifiable information (PII) in a timely warning, though doing so should be the exception, not the rule.  Some warnings on known-offender cases can be general, without any PII.  Most times, you are right that including PII of the alleged offender will have repercussions for the alleged victim, and so should be avoided.  The exceptions?  On a case-by-case need.  When a victim consents to it.  When there is an ongoing threat to the campus posed by violence or predation (maybe, but this is still going to impact the privacy of the victim, and may chill future reporting).  When the victim is no longer enrolled.  Where PII of the offender will not ID the victim.  Again, rare circumstances.  What I’m trying to avoid is the common practice of interim suspending or suspending an offender and assuming that’s all it takes to protect the community.  That offender may still live right near campus, and prey on students, without being enrolled.  Or, may be on campus, despite the suspension.  A timely warning with PII is one means to effectively warn those who may be at risk.  I raise this based on two cases this year, one where the offender raped again (another student but off-campus the second time) once he was suspended, and another case in which the offender ignored the trespass order, was on campus, and committed an attack that might have been prevented by widely disseminated information about his suspension (even if not precisely why).  Your thoughts?

 

Regards,
Brett A. Sokolow
Brett A. Sokolow, Esq.
Attorney-at-Law

Managing Partner, The National Center for Higher Education Risk Management (www.ncherm.org)

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

Executive Director, The Association of Title IX Administrators (www.atixa.org)

20 Callery Way
Malvern, PA 19355-2969
Tel. (610) 993-0229
Fax (610) 993-0228


"Best Practices for Campus Health and Safety"
NCHERM serves as legal counsel/advisor to 25 campuses  

 

From: Gillian Greensite [mailto:]
Sent: Tuesday, November 29, 2011 12:59 PM
To: Brett Sokolow
Cc: Shari Murgittroyd;
Subject: Re: Sample Crime Alert for Campus Acquaintance Rape

 

Thanks for the update Brett. 

 

I have mixed feelings about this practice. If you put the needs of the survivor central to your concern ( leaving out due process issues ) I can see ( in fact have experienced first-hand) in a campus setting, how explosive the charge of non-stranger rape can quickly become. Students know the parties concerned and quickly react, siding with either the accused or the person raped. There is no way the "alleged victims" name can stay private under these conditions. 

 

So if any alert is to be used in such case, there should be no illusions about possible outcomes that may create far more problems for the survivor than ever anticipated.

 

Gillian  

On Nov 29, 2011, at 9:37 AM, Brett Sokolow wrote:

Alerts naming a known ALLEGED offender are legal if made in good faith and clearly are couched as accusations, and are becoming more common.  One Clery Act program review even insisted it was necessary even though the offenders were under arrest.  The personal information of the alleged offender should not be released if it could lead to the identity of the alleged victim.  See Havlik v. Johnson & Wales University. 

 

Regards,
Brett A. Sokolow
Brett A. Sokolow, Esq.
Attorney-at-Law

Managing Partner, The National Center for Higher Education Risk Management (www.ncherm.org)

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

Executive Director, The Association of Title IX Administrators (www.atixa.org)

20 Callery Way 
Malvern, PA 19355-2969
Tel. (610) 993-0229 
Fax (610) 993-0228

<image001.jpg>
"Best Practices for Campus Health and Safety"
NCHERM serves as legal counsel/advisor to 25 campuses  

 

From: Gillian Greensite [mailto:] 
Sent: Tuesday, November 29, 2011 12:32 PM
To: Shari Murgittroyd
Cc: 
Subject: Re: Sample Crime Alert for Campus Acquaintance Rape

 

Shari, I may be missing something but I don't think the police nor the administration can put out an alert for an acquaintance rape as you can for stranger rape, unless of course in a non-stranger case the person accused can't be found. If the person is known and is being charged, whether within criminal justice or under campus judicial procedures or both, then I would think due process would make a crime alert inappropriate and legally questionable. And if no charges are being filed, even more so. But maybe folks have come up with something creative here. I'll be interested to hear.

 

In the 1970's it was a common practice for grassroots activists against rape to put out flyers naming those who had been accused of rape, in particular acquaintance rape and then help the survivor orchestrate a "confrontation." This sometimes worked well and sometimes back-fired, not always good for the survivor.

 

Gillian. 

On Nov 29, 2011, at 6:06 AM, Shari Murgittroyd wrote:

Does anyone have a sample of language for a Campus Crime Alert for Acquaintance Rape?  We are hoping to encourage our campus police to send out crime alerts for acquaintance rapes on campus, in addition to the stranger rapes.  Thanks in advance for your support.

 

Shari Murgittroyd, LMSW

Program Coordinator

MSU Sexual Assault Program

14 Student Services Building

Office Phone: (517) 355-9320

24-Hour Crisis Line (517) 372-6666

Fax: (517) 353-8912

www.endrape.msu.edu

 

Staff members of the Counseling Center do not use e-mail to communicate confidential information.  Further, we cannot guarantee that e-mail messages will be read regularly or within a given period of time.  It is especially important to note this in case of an emergency situation.  If you have a need to communicate about matters other than scheduling, please contact us either in-person at the Counseling Center or by phone (517-355-8270). 

 

 

E-mail is not a secure form of communication, confidentiality cannot be guaranteed. Please keep this in mind when deciding whether to send personal information. 
Staff members of the Counseling Center do not use e-mail to communicate confidential information. Further, we cannot guarantee that e-mail messages will be read regularly or within a given period of time. It is especially important to note this in case of an emergency situation. If you have a need to communicate about matters other than scheduling, please contact us either in-person at the Counseling Center or by phone (517-355-8270).   ­­