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

["Bernstein, Lauren (LB)" <>]

Hi all,

I think we’ve figured out a system now that makes sense at Emory. I think the issue is that there hasn’t been clear communication from OCR and folks are getting confused.  Because systems are not often working closely in tandem, there are gaps that folks might say are unavoidable when they in fact have more latitude. I’m seeing some trends that relate to not wanting to have an advocacy stance but a reporting and investigative stance based on my response from many on the listserv.  This makes me nervous, and I hope there is more guidance soon that truly addresses the need for confidential resources and support for survivors as key.

 

 

My best,

LB

 

From: Brett Sokolow [mailto:]
Sent: Wednesday, August 21, 2013 10:38 AM
To: Bernstein, Lauren (LB);
Subject: Re: Counseling Staff Filing Anonymous Reports

 

Licensed counselors may release anonymous information without breaching professional ethics.  As to your newspaper accessing complete Clery reports, that is a new one for me.  Usually, the crime log withholds personally identifying information from the media, and would have to if any of that information could lead to the identification of the victim.  So, your newspaper should not be accessing names.  

 

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

President & CEO, The NCHERM Group LLC

Executive Director, The National Behavioral Intervention Team Association 

Executive Director, The Association of Title IX Administrators 

Publisher, Student Affairs eNews 

116 E. King St.
Malvern, PA 19355-2969
Tel. (610) 993-0229 
Fax (610) 993-0228

The NCHERM Group, LLC serves as legal counsel/advisor to 35 campuses

 

 

From: <Bernstein>, "Lauren (LB)" <>
Date: Wednesday, August 21, 2013 7:08 AM
To: "Jimenez, Stephanie" <>, "Kaplan, Claire (cnk2r)" <>, "" <>
Subject: RE: Counseling Staff Filing Anonymous Reports

 

Quick follow-up: Clery reports are viewable by our student newspaper. If I, as a licensed mental health professional, send a Clery report with date/time/location/description/name(s) of perpetrator(s) if known, that could lead to that information being in our newspaper.  To me this seems to go beyond aggregate reporting to pose a safety risk to clients.  Let me know if there is a way I could get around that. Also, I don’t believe that with a license I can be asked to file an anonymous report with this information without the client’s consent.  If signing a consent/release is a barrier to care, can I be compelled to release this information as a licensed professional?

 

From: Jimenez, Stephanie []
Sent: Tuesday, August 20, 2013 12:00 PM
To: Kaplan, Claire (cnk2r); Bernstein, Lauren (LB);
Subject: RE: Counseling Staff Filing Anonymous Reports

 

Yes, our campus also collects data from our office, it is as Claire states, non-specific or void of identifying information, it is general. The best way I have found it to open it up for discussion and review Clery Act and Title IX as guidance. It can be a touchy subject for some but, collaboration and legalities can be guiding force.

 

Best,

Stephanie

 

 

Stephanie Jimenez

CCC SMHA Program Coordinator

Safe Place & Wellness Program

Butte-Glenn Community  College

530-879-6184

 

From: Kaplan, Claire (cnk2r) []
Sent: Tuesday, August 20, 2013 7:27 AM
To: Bernstein, Lauren (LB);
Subject: Re: Counseling Staff Filing Anonymous Reports

 

Lauren,

I collect reports from our counselors and forward them to the person responsible for reporting Clery data (in the PD), and of course add mine as well.  They are comfortable with the minimal amount of data required, although there has been a bit of push back regarding some issues (specific location, for example).  They simple refuse to provide that information, and that's fine with me. I give them what I have.  What you can do is work with other counseling professionals to find a way to provide the info without violating your licensure rules.  It is possible, but takes some discussion.

Claire

 

~~~~~~~~~~~~~~~~~~~

"Each time a person stands up for an ideal, or acts to improve the lot of others, they send a tiny ripple of hope…These ripples build a current which can sweep down the mightiest walls of oppression and resistance."

Robert F. Kennedy

 

Claire Kaplan, Ph.D.

Director, Sexual & Domestic Violence Services

UVA Women's Center

(434) 982-2774 Voice

(434) 982-2901 Fax

http://www.virginia.edu/womenscenter/sdvs

Follow me on Twitter at @clairskyk

 

 

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