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

[Jessie Mindlin <>]

Forgive me if I’m stating the totally obvious… Mandatory reporting (M/R) laws cover children in every state and territory, although who must report varies (in 18 states and Puerto Rico everyone is mandated to report child abuse) but depending on the jurisdiction there may also be M/R laws that cover:

·         vulnerable adults – i.e., adults with disabilities and/or older adults (and who is “older” varies state to state)

·         certain types of victimization (e.g., DV, SA)

·         certain types of injuries (e.g., any injury caused by a firearm, by a knife) and/or

·         certain types of providers (e.g., doctors, licensed counselors, etc.).

All of this is totally jurisdiction specific – and if you’re licensed in more than 1 jurisdiction (or work in 1 jurisdiction but are licensed in another) you’d want to be considering that as well.  What is key of course is that victims know before they make disclosures whether what they say will be kept in confidence, or not. (If anyone happens to be attending the NSVRC’s conference for Rural Grantees in Nashville in December I’m doing a workshop there on mandatory reporting.)- Jessie

 

  Jessica Mindlin, Esq.
  National Director of Training & Technical Assistance
  Victim Rights Law Center, Portland Office
  520 SW Yamhill, Suite 200
  Portland, OR 97204

Tel: 503.274.5477 x 1 and 855.411.5477

Fax: 503.715-2183   www.victimrights.org

VRLC: Leading a New Response to Sexual Violence

 

 

From: Holly Rider-Milkovich [mailto:]
Sent: Thursday, September 19, 2013 9:06 AM
To: Bernstein, Lauren (LB)
Cc: O'Connell, Jennifer; ; ADAMS, HEATHER
Subject: Re: Health Services Professionals and Title IX Reporting

 

Hi Jennie: 

Some states have mandatory reporting laws for physicians and other healthcare providers when they are providing medical care related to the execution of a crime (victim of perpetrator). Michigan has such a law and physicians are personally liable for not fulfilling their obligation to report. You may consider determining whether such laws exist in Ohio, how the courts have interpreted the law, and how your local DA interprets the law. 

Sent from my iPhone

On Sep 19, 2013, at 11:28 AM, "Bernstein, Lauren (LB)" <> wrote:

As a licensed mental health professional who also works with our Counseling Center and Student Health Services staff in the same department, we do not report names unless that is what the student wants.  We also provide informed consent if any of us need to report additional information, so the student can choose to share that or not.  We also ensure, as you mentioned, that all students receive information and know that they can change their minds at any time. It is a violation of privilege, confidentiality, and ethics to require certain professionals to report this kind of information, which does not mean that universities do not try to get them to do so. Department of Ed has also explicitly stated that students should have confidential resources on campus and that the campus should clearly designate and advertise those entities as confidential. LB

 

Lauren (LB) Bernstein, LMSW | Assistant Director for the Respect Program

Office of Health Promotion | Emory University Student Health and Counseling Services

Phone: 404-727-1514| Fax: 404-712-1519 | 

respect.emory.edu | 1525 Clifton Road, 103-I, Atlanta, GA 30322

 

The Respect Program engages the Emory community to prevent & respond to sexual assault & relationship violence as part of the Office of Health Promotion, which facilitates student learning, engagement, and well-being and collaborating for a healthy and socially just campus environment.  

 

---

From: O'Connell, Jennifer []
Sent: Thursday, September 19, 2013 11:24 AM
To: ; ADAMS, HEATHER
Subject: Health Services Professionals and Title IX Reporting

Has anyone had hesitation on the part of health services staff to report names for Title IX when they see a student because of a sexual assault?

 

If the student specifically says they do not want to report the assault, want to be anonymous and that they just want medical care, does just reporting the assault to Title IX as “Jane Doe” and documenting that the student does not want to make an official report suffice?  The student does receive information about resources and their rights.

 

Thank you.

 

Jennie

 

Jennie O’Connell *Sexual Assault Response Coordinator * The Office of Sexual & Relationship Violence Support Services (SRVSS)

Division of Diversity, Equity and Inclusion * Kent State University *125 Midway Drive *Kent, OH 44242

 

330-672-8016 *Fax: 330-672-9232

 

www.kent.edu/SART

 

 

 

 

---

This e-mail message (including any attachments) is for the sole use of
the intended recipient(s) and may contain confidential and privileged
information. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution
or copying of this message (including any attachments) is strictly
prohibited.

If you have received this message in error, please contact
the sender by reply e-mail message and destroy all copies of the
original message (including attachments).