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

[Brett Sokolow <>]

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