Subject: Discussion List for campus-based and allied personnel working to end gender-based violence on campus.
List archive
- From: Roberta Gibbons <>
- To: "" <>, "" <>
- Subject: Campus SaVE questions
- Date: Tue, 19 Nov 2013 20:11:21 +0000
- Accept-language: en-US
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At a recent presentation on Campus SaVE, there were a few questions that I was not able to answer with 100% confidence. Any help is appreciated:
-
In regards to programming, what is the definition of “student?” Does this include individuals who are taking only online courses? (I am guessing
YES)
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When we are dealing with PSEO students (those under 18), are there any additional elements we need to be aware of? Does any communication need to
be distributed to parents of minors?
-
In regards to programming for new students and new employees, is there any proof of attendance that need to be kept by the college? Thank you, Roberta Gibbons Metropolitan State University From: Brett Sokolow [mailto:]
Hey everyone, HI MARY ELIZABETH (SORRY FOR THE CAPS, JUST WANT TO SET MY RESPONSES OFF FROM YOUR QUESTIONS): I have two (followup) questions regarding an ongoing situation we have here. I am working with a student at University of Wyoming who is being stalked by a man
who is a student at a Wyoming community college. The stalking started while she was also a student at the community college, and has continued after transferring to UW. She didn’t report it until she got to UW. My questions are:
1. Can we make a report to the Title IX
office at the community college, even though she is no longer a student there? To the best of our knowledge, he is still enrolled, and may be using college computers to perpetrate. YES, BECAUSE THEY HAVE JURISDICTION OVER HIM. The student I’m working with also knows who he is – she can visually ID him – but she doesn’t know his name, which has been causing some problems for our law
enforcement’s ability to move forward on this. I’ve spoken with upper administration at the community college, and it sounds like they know who he is, and they know what he’s doing because I’ve talked to them as has law enforcement. But, they don’t have a
PD of their own. THEY CAN TELL YOU WHO HE IS. HIS IDENTITY IS NOT FERPA PROTECTED IN THIS CASE AS LONG AS IT IS NOT DERIVED FROM A RECORD. IF THEY ARE RESISTANT, LET ME KNOW AND I'LL MAKE A CALL. I KNOW THE WY CC'S WELL.
2. Does the college have a responsibility
to report their student to law enforcement if they know he is breaking the law? I DON'T KNOW IF WYOMING HAS A MISPRISION LAW (DUTY OF CITIZENS TO REPORT CRIMES), BUT THERE IS NOTHING SPECIFIC TO COLLEGE ADMINISTRATORS. They have been refusing to work with
both our university PD and local PD in the town where the college is located because of FERPA. THAT'S A WRONG ANSWER, AS ABOVE. WE CAN ALSO MAKE THE ARGUMENT THAT THIS IS AN EMERGENCY HEALTH AND SAFETY SITUATION, AN EXCEPTION TO FERPA. We’re trying to get
a search warrant to allow my client to look through student ID photos to ID the perp, but we don’t know if a judge is going to issue the warrant or not. YOU DON'T NEED ONE. PICTURES CAN BE CONSIDERED DIRECTORY INFORMATION UNDER FERPA (THIS MAY DEPEND ON THE
COLLEGE'S POLICY, BUT THEY CAN HELP IF THEY CHOOSE TO). The perp is definitely in violation of our state stalking statute, but the college says they can’t do anything unless he makes a direct threat, which he hasn’t done. THAT IS NOT ACCURATE, AND FERPA
SHOULD NEVER BE A BAR TO PROTECTING SOMEONE'S HEALTH OR SAFETY. I TRAINED THEM BETTER THAN THAT. IF I CAN INTERVENE, LET ME KNOW, BUT YOU MIGHT ALSO POSE THE QUESTION TO THE FPCO ( — USE EMERGENCY RESPONSE NEEDED
IN THE SUBJECT LINE), AND GET A WRITTEN EXPLANATION FROM THEM GIVING THE COLLEGE PERMISSION TO HELP YOUR STUDENT. If anyone has any ideas, information or experience with any of this, I would really appreciate your help. Thanks! GOOD LUCK. Regards,
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
The NCHERM Group, LLC serves as legal counsel/advisor to 35 campuses From:
Megan Elizabeth Selheim <> Hey everyone, I have two (followup) questions regarding an ongoing situation we have here. I am working with a student at University of Wyoming who is being stalked by a man
who is a student at a Wyoming community college. The stalking started while she was also a student at the community college, and has continued after transferring to UW. She didn’t report it until she got to UW. My questions are:
1. Can
we make a report to the Title IX office at the community college, even though she is no longer a student there? To the best of our knowledge, he is still enrolled, and may be using college computers to perpetrate. The student I’m working with also knows who he is – she can visually ID him – but she doesn’t know his name, which has been causing some problems for our law
enforcement’s ability to move forward on this. I’ve spoken with upper administration at the community college, and it sounds like they know who he is, and they know what he’s doing because I’ve talked to them as has law enforcement. But, they don’t have a
PD of their own.
2. Does
the college have a responsibility to report their student to law enforcement if they know he is breaking the law? They have been refusing to work with both our university PD and local PD in the town where the college is located because of FERPA. We’re trying
to get a search warrant to allow my client to look through student ID photos to ID the perp, but we don’t know if a judge is going to issue the warrant or not. The perp is definitely in violation of our state stalking statute, but the college says they can’t
do anything unless he makes a direct threat, which he hasn’t done. If anyone has any ideas, information or experience with any of this, I would really appreciate your help. Thanks! |
- Campus SaVE questions, Roberta Gibbons, 11/19/2013
- Re: Campus SaVE questions, Brett Sokolow, 11/20/2013
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