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

[Melissa Rideout <>]

Below is the MA state statute:

MA State Law:

Sexual Assault Crisis Counselor Privilege (MGL Chapter 22, Section 20J)
A sexual assult counselor is defined as a person who : is employed or is a volunteer in a rape crisis center; has undergone 35 hours of training; reports to and is under the direct control and supervision of a liscensed social worker, nurse, psychiatrist, psychologist or psychotherapist; and whose primary purpose is rendering advice, counseling or assistance to victims of sexual assault.  A rape crisis center is defined as any office, institution or center offering assisatnce to vistims of sexual assault and their families through crisis intervention, medical and legal counseling.

 

20J is an absolute privilege, however recent court cases have challenged such due to a variety of circumstances

 

In order to maintain certificate, must complete 6 hours of training in regards to sexual assault each year.

On Wed, Feb 12, 2014 at 1:35 PM, Seguin, Angela DiNunzio <> wrote:

Becky,

Would you (or anyone on this listserv who has a state statute that protects advocates) be willing to share what the language says in the statute?  We do not have such a statute and may need to start advocating for one.

Thanks,

Angela Seguin

University of Delaware

Sent from my iPad

On Feb 12, 2014, at 1:32 PM, "Becky Lockwood" <> wrote:

Hello all. I have attached a powerpoint presentation from the DOE Office on Civil Rights that offers some clarification regarding Peer Advocate programs and whether they are “mandated” reporters under Title IX.  It is worth using this document with legal counsel to explore protections for Peer Advocates and whether they can report only aggregate data or anonymous data re: the disclosures from students they receive.  The Victim Rights Law Center provided this document to  us at the Center for Women & Community.  Our Advocates are protected by state statute as Rape Crisis Counselors.

 

Becky Lockwood

Associate Director of Counseling and Rape Crisis Services

Center for Women & Community

413.545.5832

 

CONFIDENTIALITY NOTICE: This email message, including all attachments, may contain information that is confidential, proprietary, privileged or otherwise protected by law. It is to be viewed only by the intended recipient(s). If you believe that you have received this message in error,please notify the sender immediately by return electronic mail, and please delete it without further review, disclosure, or copying. Your cooperation is appreciated.

 

 

From: Brett Sokolow []
Sent: Wednesday, February 12, 2014 8:02 AM
To: Melissa Rideout
Cc: Morey, Patricia L; Bernstein, Lauren (LB); Jennifer Scott;
Subject: Re: mandatory reporting for victim's advocates

 

Advocates only have privilege when working under a state statute.  Working for a mental health provider is not enough.  But, advocates are not mandated reporters under title ix regardless of state statute. Thankfully.  

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 Feb 12, 2014, at 7:55 AM, "Melissa Rideout" <> wrote:

Hi all,

I have a question. In order for an advocate to have privilege/confidentiality, would they need to be supervised by a licensed mental health professional? If so, would it matter if the supervising individual is a psychologist, social worker, or mental health counselor? I assume this might vary state by state. Our college is in MA and I'm curious to hear from others about this.

Thanks

Melissa

 

On Tue, Feb 11, 2014 at 3:12 PM, Morey, Patricia L <> wrote:

Thank you Lauren and Jenn,

This is an issue we advocates at the Women’s Resources Center—University of Illinois continue to struggle with in relation to our Title IX Coordinator (as you know, JennJ). Recently there has been a slight shift in how our legal counsel is looking at this and we are more hopeful of a resolution that will protect our students from beginning a process they are not comfortable with initiating! Hope to hear the responses from others on this list serve, too!

Pat Morey

 

Patricia L. Morey

Assistant Dean

Director, Women's Resources Center, University of Illinois/Urbana-Champaign

2nd Floor; 703 S. Wright Street

Champaign, IL  61820  (MC-302)

217.333.3137     www.go.illinois.edu/wrc

 

Note: Privacy may not be guaranteed as email is not a secure means of communication. Concerns regarding confidential matters are best addressed by calling or visiting the Women's Resources Center.

 

From: Bernstein, Lauren (LB) [mailto:]
Sent: Tuesday, February 11, 2014 1:21 PM
To: Jennifer Scott;
Subject: RE: mandatory reporting for victim's advocates

 

I spoke to Catherine Lhamon, Assistant Secretary for Civil Right at the US Department of Education.  She said directly that victim advocates do not have to report for Title IX.  There was also an OCR webinar from the ASCA that said the same.  Aggregate statistics can be forwarded, but we are not required to provide identifying information or to have students coming to us initiate timely warnings or investigations. She said that additional guidance will be provided soon as this comes up often.  It affected me personally, as I took a social work license exam simply to protect the confidentiality of my students, when I was told that was the only way.  I do hope they provide written guidance soon, as I know this is hurting survivors on many campuses.

LB

 

Lauren (LB) Bernstein, MSW, 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 | 

http://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.

 

---

From: Jennifer Scott []
Sent: Monday, February 10, 2014 1:10 PM
To:
Subject: mandatory reporting for victim's advocates

Hi All,

 

I am interested in learning more about how folks have clarified what is meant by "confidential" under Title IX.  How have folks balanced creating a safe reporting space for students with language about the obligation to respond when the university knows or should have known.  Particularly, how have victim's advocates dealt with this?

 

Thanks!

--
Jennifer Scott

Assistant Director, Women's Center

Interpersonal Violence Services

329 Harrelson Hall

North Carolina State University

919.515.2012

 

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Melissa Rideout, PhD
Staff Psychologist/SMART Coordinator
Wheaton College
Counseling Center
42 Howard Street
Norton, MA 02766
Phone: 508-286-3905
Fax: 508-286-8264

NOTICE:  Because e-mail is not a secure medium, confidentiality of e-mail messages cannot be guaranteed.  To help ensure privacy, student-clients should not send sensitive, detailed or personal information to Wheaton College Counseling Center staff via e-mail.  E-mail should never be used to convey information of an urgent nature as we cannot guarantee prompt responses to e-mail messages.  Our staff may not maintain 24-hour access to e-mail and may only check e-mail from time to time on weekends or holidays. To discuss any concerns, please call the counseling center (508) 286-3905 during counseling center hours, Monday through Friday, 8:30 a.m. to 4:30 p.m. or stop-in. In the event of an emergency before or after hours, please contact Public Safety from any campus phone at  extension 3333 or (508) 285-5051; call 911; or go to your nearest hospital emergency room. If this message has been sent to you in error, please notify the sender by replying to this transmission.  Thank you for helping to maintain privacy.

<OCRPresentationHandouts (2).pdf>

--

Melissa Rideout, PhD
Staff Psychologist/SMART Coordinator
Wheaton College
Counseling Center
42 Howard Street
Norton, MA 02766
Phone: 508-286-3905
Fax: 508-286-8264

NOTICE:  Because e-mail is not a secure medium, confidentiality of e-mail messages cannot be guaranteed.  To help ensure privacy, student-clients should not send sensitive, detailed or personal information to Wheaton College Counseling Center staff via e-mail.  E-mail should never be used to convey information of an urgent nature as we cannot guarantee prompt responses to e-mail messages.  Our staff may not maintain 24-hour access to e-mail and may only check e-mail from time to time on weekends or holidays. To discuss any concerns, please call the counseling center (508) 286-3905 during counseling center hours, Monday through Friday, 8:30 a.m. to 4:30 p.m. or stop-in. In the event of an emergency before or after hours, please contact Public Safety from any campus phone at  extension 3333 or (508) 285-5051; call 911; or go to your nearest hospital emergency room. If this message has been sent to you in error, please notify the sender by replying to this transmission.  Thank you for helping to maintain privacy.