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

[Nikki Godfrey <>]

I think Jessie Mindlin's comments were 'spot on'.  Each state may be different.  For example, in WV we have mandatory reporting laws for minors and incapacitated adults; however, we also have a code that mandates medical providers to report cases involving injury from a gunshot or knife (which would include SA/DV).

 

§61-2-27. Required reporting of gunshot and other wounds.
(a) Any medical provider who provides medical treatment to a person suffering from a wound caused by a gunshot or a knife or other sharp or pointed instrument, under circumstances which would lead a reasonable person to believe resulted from a violation of the criminal laws of this state, shall report the same to a law-enforcement agency located within the county within which such wound is treated. The report shall be made initially by telephone and shall be followed by a written report delivered to such agency within forty-eight hours following the initial report: Provided, That where two or more persons participate in the medical treatment of such wound, the obligation to report imposed by this section shall apply only to the attending physician or, if none, to the person primarily responsible for providing the medical treatment.

(b) Any medical provider person who in good faith reports a wound described in subsection (a) of this section shall be immune from any civil liability which may otherwise result solely from reporting the same.

Nikki Godfrey, MSW
Campus Project Coordinator
WV Foundation for Rape Information and Services (FRIS)
Phone:(304) 622-4441
Fax: 304-622-5006

www.fris.org

-----Original Message-----
From: alicevachss <>
To: sapc <>
Sent: Thu, Sep 19, 2013 1:50 pm
Subject: mandatory reporting

 Not to add to an already complicated subject, but in my world (the criminal justice system) "mandatory reporting" usually means the duty to report child abuse. Since many first year students are underage, I would think that kind of limit on confidentiality also applies, at least to some of the professionals who receive reports of sexual assault. Has this issue been resolved on campus and is something I just don't know about, or is it a missing topic in the discussions on confidentiality and duty to report?

Alice Vachss