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

[Brett Sokolow <>]

As long as you are functionally able to provide privacy on a daily basis (which you are), I see only two issues:

1.  Whether the System supports this position by policy?  My suggestion is to proceed until they tell you otherwise. 

2.  Whether your records can be subpoenaed?  They can, as can the records of counselors and advocates who do fit the CA statute (you don't).  So, you are no different, and this should be no bar to providing services as long as your documents clearly indicate to survivors that records are private to the extent permissible under state and federal law, and may be subject to subpoena, emergency release, and/or release to address an imminent threat of harm.  

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: Kegan Allee <>
Date: Thursday, August 22, 2013 1:54 PM
To: Brett Sokolow <>, 'Holly Rider-Milkovich' <>
Cc: "'Moxley, Kathy'" <>, 'Tammi Slovinsky' <>, "'Jimenez, Stephanie'" <>, "'Bernstein, Lauren (LB)'" <>, "" <>
Subject: RE: Counseling Staff Filing Anonymous Reports

The issue we have had is that all of our advocates are state certified and maintain their certification through a local rape crisis center annually. California does acknowledge the confidentiality of advocates (CA evidence code 1035 and 1037 since we are all also state certified dv crisis counselors as well), but our local rape crisis center says they would not be able to guarantee our confidentiality since we are not reporting to them.  Our campus university administration (not UC Office of the President) has ensured us that we are confidential according to them, but it is not a system-wide policy in writing. 

 

So we operate as if we are confidential, but if we were ever subpoenaed I’m not sure which confidentiality would cover us.  Has anyone seen this before and have advice?

 

Dr. Kegan Allee, Ph.D.

Assistant Director

Women's Center and Campus Advocacy, Resources & Education (CARE) programs

Women, Gender & Sexual Equity department

University of California Santa Barbara

1220 Student Resource Building

Santa Barbara, CA 93106-7190

 

Direct Line: 805-893-3305

Email:

Website: wgse.sa.ucsb.edu

 

Call 805-893-4613 or visit http://wgse.sa.ucsb.edu/care if you need to make an appointment to speak to a confidential Advocate about issues of interpersonal violence or to have an Advocate respond immediately.

 

 

 

From: Brett Sokolow []
Sent: Thursday, August 22, 2013 1:24 PM
To: Holly Rider-Milkovich
Cc: Moxley, Kathy; Tammi Slovinsky; Jimenez, Stephanie; Bernstein, Lauren (LB);
Subject: Re: Counseling Staff Filing Anonymous Reports

 

Great conversation.  I am hopeful that it helps many advocates to make the case for greater confidentiality on campus.  Also, one more thing to keep in mind in discussing policy with supervisors.  OCR isn't going hold a college accountable if a victim requests confidentiality from an advocate and then complains to OCR that no action has been taken.  OCR will actually just give the campus notice and ask it to act.  

 

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: Holly Rider-Milkovich <>
Date: Thursday, August 22, 2013 1:19 PM
To: Brett Sokolow <>
Cc: "Moxley, Kathy" <>, Tammi Slovinsky <>, "Jimenez, Stephanie" <>, "Bernstein, Lauren (LB)" <>, "" <>
Subject: Re: Counseling Staff Filing Anonymous Reports

 

Right--no privilege is absolute, and it is important for campus-based advocates to know and understand how their state defines the conditions that create a duty to report for persons with legal privilege.  I have found it to be helpful also for advocates to articulate to others what those limits are, so that everyone is on the same page generally about what situations create a duty to report and which do not. 

 

On Thu, Aug 22, 2013 at 4:04 PM, Brett Sokolow <> wrote:

Good clarification, Holly.  I was speaking of non-privileged advocates.  Privileged advocates are very much like counselors in terms of duties to report, but privilege is not an absolute, even for counselors.   Counselors and advocates may have a state-imposed duty to report if the state imposes such a duty (and that may fit the repeat perp/threat to the community situation in the previous question).  

 

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: Holly Rider-Milkovich <>
Date: Thursday, August 22, 2013 12:59 PM
To: Brett Sokolow <>
Cc: "Moxley, Kathy" <>, Tammi Slovinsky <>, "Jimenez, Stephanie" <>, "Bernstein, Lauren (LB)" <>, "" <>

Subject: Re: Counseling Staff Filing Anonymous Reports

 

Thank you, Brett, for offering clarity in this issue.  I would offer a minor additional note: in some states, like Michigan, advocates (whether they are licensed or not) have privilege that is protected by state law and a Title IX Coordinator would not be in their rights to demand the disclosure of legally privileged information. 

 

I would encourage campus-based advocates to contact their state coalitions to get more information on state-specific laws regarding domestic violence or sexual assault advocate privilege. 

 

On Thu, Aug 22, 2013 at 3:46 PM, Brett Sokolow <> wrote:

Kathy,

 

I think the fairest thing to say (and OCR has not spoken to this specifically, that I know of) is that an advocate has leeway to respect the privacy wishes of a victim, and a Title IX Coordinator does as well.  However, if a Title IX Coordinator demanded additional information from an advocate to protect the community, they would be within their rights to do so.  

 

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: <Moxley>, Kathy <>
Date: Thursday, August 22, 2013 12:36 PM
To: Brett Sokolow <>, Tammi Slovinsky <>
Cc: "Jimenez, Stephanie" <>, "Bernstein, Lauren (LB)" <>, "" <>

Subject: Re: Counseling Staff Filing Anonymous Reports

 

Is this true even if you get a report with the same alleged perpetrator with different victims – threat to campus safety?

 

Kathy Fahl Moxley, ACSW, LCSW

Director, Women's Outreach Center

Coordinator, Sexual Assault Response Team

University of Oklahoma

900 Asp Ave., Room 247

Norman, OK 73019

405-325-5352

405-325-7493

 

 

From: Brett Sokolow <>
Date: Thursday, August 22, 2013 2:29 PM
To: Tammi Slovinsky <>
Cc: "Jimenez, Stephanie" <>, "Bernstein, Lauren (LB)" <>, "" <>

Subject: Re: Counseling Staff Filing Anonymous Reports

 

No, advocates are CSAs for Clery purposes. The question here is whether they also have to report incidents to the title ix coordinator. OCR says no. 

Brett A. Sokolow, Esq.

President & CEO, The NCHERM Group, LLC. 

Executive Director, NABITA

Executive Director, ATIXA

610.993.0229

www.Ncherm.org

www.Nabita.org

www.Atixa.org

Sent from my iPhone

On Aug 22, 2013, at 3:22 PM, "Tammi Slovinsky" <> wrote:

My university considers me to be a campus security authority for Clery.  Is that what is meant by "mandated reporter" or are you referring to Title IX?  If there is a threat to campus safety, I would likely be pressured to come forward with that information.

 

I am an advocate, no license.

Tammi Slovinsky, MPA
Sexual Assault and Domestic Violence Services Coordinator
Wellness Resource Center
Virginia Commonwealth University 
815 South Cathedral Place
PO Box 842008
Richmond, VA 23284-2008
Phone: (804) 828-2085
fax (804) 828-7949 

 

On Thu, Aug 22, 2013 at 3:10 PM, Brett Sokolow <> wrote:

Whether advocates have privilege or not, they are not mandated reporters according to OCR. 

Brett A. Sokolow, Esq.

President & CEO, The NCHERM Group, LLC. 

Executive Director, NABITA

Executive Director, ATIXA

610.993.0229

www.Ncherm.org

www.Nabita.org

www.Atixa.org

Sent from my iPhone

On Aug 22, 2013, at 2:59 PM, "Jimenez, Stephanie" <> wrote:

Thank you Lauren. How many campuses have advocates that hold “privilege” and how that is navigated with Title IX? I think there can be a congruent stance that honors victim’s confidentiality and meeting Title IX requirements, much remains, I feel, unclear on this intersection.

 

Best,

Stephanie

 

Stephanie Jimenez

CCC SMHA Program Coordinator

Safe Place & Wellness Program

Butte-Glenn Community  College

530-879-6184

 

From: Bernstein, Lauren (LB) []
Sent: Thursday, August 22, 2013 11:15 AM
To: Brett Sokolow;
Subject: RE: Counseling Staff Filing Anonymous Reports

 

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
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

<image001.png>

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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--
Holly M. Rider-Milkovich

Director, Sexual Assault Prevention and Awareness Center

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University of Michigan

(734) 764-7771

(734) 936-3333 (24. Hr. Crisis Line)

 

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facebook: Holly At SAPAC

 

 

--
Holly M. Rider-Milkovich

Director, Sexual Assault Prevention and Awareness Center

Co-Chair, Abuse Hurts Initiative

University of Michigan

(734) 764-7771

(734) 936-3333 (24. Hr. Crisis Line)

 

530 S. State St., G509
Ann Arbor, MI 48109-1308

sapac.umich.edu

facebook: Holly At SAPAC