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

[Brett Sokolow <>]

Yes, I agree with Liz.  For SAPR and advocacy positions, there is no clear reporting exception under Title IX, so there are a few things we can do to ensure those positions remain as confidential resources for victims:

1.  Clearly define in policy that SAPR/advocates are not "responsible employees" for purposes of remedying sex/gender-based discrimination.

2.  Get your advocates certified under whatever state statute provides confidentiality, so that your statement in 1., above, has a legal basis (and/or work an MOU so that they work under the auspices of the local agency that qualifies as confidential, even if campus advocates do not).

3   Organize and lobby your state to pass an advocate confidentiality statute (that is not agency-specific, so it pertains to campus advocates), so that 1 and 2 above can be applied.

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

Chair, The NCHERM Group (www.thenchermgroup.org)

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: <McGough>, "Elizabeth M." <>
Date: Monday, November 5, 2012 10:20 AM
To: "" <>
Subject: RE: SAPR coordinator and Title IX roles combined?? Comments?

We’ve determined that a combined role would be a conflict of interest.

 

-Liz

 

Liz McGough, PhD, LMHC

Project Coordinator/Case Manager

Violence Intervention & Victim Advocacy

Buffalo State College

Weigel Health Center, Room 223

1300 Elmwood Ave.

Buffalo, NY 14222 

(716) 878-4029

"It always seems impossible until it’s done."  Nelson Mandela

Confidentiality notice: This e-mail message, including any attachments, is for the sole use of intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.  Thank you for helping to maintain privacy. 

 Confidentiality cannot be guaranteed, as e-mail is not a secure medium. E-mail messages typically reside on various servers even after all parties have deleted the messages.  To discuss any personal concerns, please call me directly.

From: T.S. Nelson []
Sent: Monday, November 05, 2012 9:15 AM
To: SAPC
Subject: SAPR coordinator and Title IX roles combined?? Comments?

 

Greetings all,

Are any schools combining the SAPR coordinator position with the Title IX position?  My sense is that this will have a significant impact on survivors coming forward since the SAPR coordinator cannot be a 'confidential' source as an advocate and will be required to report. 

 

What are your recommendations re: 'best practices' for schools that are developing a new SAPR position?

Looking forward to your thoughts, comments and examples of what you think works best to esnure survivors have confidential options.  Thanks!

Terri Spahr Nelson