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

["Laura Bennett" <>]

Terri & all –

 

This may be an unpopular perspective, but I’ll put it out there. I think it may depend on the goals of the peer advocate program – if it is solely for victims/survivors, I understand and respect that students would not likely want someone with this in his/her past to serve as an advocate. If the purpose of the advocacy program is to provide advocacy for any student who is affected by sexual assault, someone with this could bring a lot to the table. A group I used to work with did take questions on a hotline from students who thought they may have committed an act of sexual or gender based assault or harassment. In those cases, this individual might be an invaluable resource. For example, he/she might be a great resource for someone who realized they may have committed an assault and isn’t sure what to do about it, or to serve as a support in a campus conduct proceeding for an accused student. While I don’t know the severity or details of the high school incident (so this point may or may not be relevant) this person might also offer to a campus community a good example of how you can learn and change behavior. While I don’t think it is a Title IX violation, I think that the standard of anyone with a history of sexual aggression may be a difficult standard to assess, knowing that a lot of sexual aggression may not be addressed/confronted or the individual may not be aware of having engaged in it. If I were the administrator in this case, I might consider would be to look for ways to utilize this student and his/her experience and perspective, but perhaps not put him/her in a position to be the one responding directly to a victim/survivor on a hotline.

 

-Laura

 

 

Laura Bennett

Student Conduct Officer

 

Harper College

1200 W. Algonquin Road

Palatine, IL 60067-7398

Phone: 847-925-6483

Fax: 847-925-6038

Email:

 

From: Brett Sokolow [mailto:]
Sent: Wednesday, March 07, 2012 8:59 AM
To: T.S. Nelson
Cc:
Subject: Re: Title IX and advocate selection

 

Excluding him would not violate Title IX, in my opinion.

 

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 30 campuses

 

 

From: "T.S. Nelson" <>
Date: Wed, 7 Mar 2012 07:58:46 -0600
To: "" <>
Subject: Title IX and advocate selection

 

 

I have a question for the listserve. This issue came up when I was consulting with a college for their peer advocate training program.  I appreciate your feedback and look forward to the discussion this may generate.  Believe me, this was a first for me in 25+ years of doing this work!

 

The situation:

A male student who is participating in a college peer advocate training approached the facilitators after the first training indicating that when he was a sophomore in high school, he had an incident where he commited an act of sexual assault.  He acknowledged in his senior year of high school that it was sexual assault and made efforts to address his remorse for his actions to the victim. He would like to be a peer advocate for the college and feels he has a great deal to offer, particularly given his history and confronting his own actions of aggression from the past.  He was concerned however about whether or not he should disclose this information to the training group and what effect if might have on survivors if they knew his history. 

 

The dilemma:

The peer advocate policy/selection criteria indicates no one with a history of sexual aggression shall be considered as an advocate.  At face value, the answer seems obvious.  However, the school administrator wonders if this would be a violation of title IX by not allowing this student fair access to become an advocate if he is otherwise qualified.  The school is also wondering if he would be an asset to work with other potential sexual aggressors if/when they might call the school helpline.  The school is trying to determine how to make services available to students who may self-identify as sexual aggressors or someone who committed a sexual assault. 

 

Clearly, this presents many concerns.  I will hold off on giving my opinion or recommendation since I am looking forward to hearing from this group.

Thank you for your input.

Terri Spahr Nelson