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

[Christopher G <>]

Hi Melissa, 

JDI has a great handout (copied below) on privilege in MA. 

In MA who can clinically supervise is spelled by statute. 

For those of you in other states--it may be worth asking your OGC to look at the case law re: crisis workers/advocates. 

If memory serves, privilege for rape crisis workers was extant in MA case law before it was codified by statute--so just because there isn't a statute doesn't mean your communications are necessarily subject to disclosure. 

(I don't have a JD so gladly defer to those like Brett with proper training and experience!)

http://www.janedoe.org/site/assets/docs/Curriculum_SSSA_2012/25_PrivacyRights_RVSD.pdf

Sent from my iPhone

On Feb 12, 2014, at 7:45, 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.

 

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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.