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

[Nancy Cantalupo <>]

Dear All,

 

I didn’t want this to get lost in my last, long posting.  For those of you who watch the C-Span footage of the June 23^rd roundtable, you’ll see that at about minute 2:09 (that’s 2 hours, 9 minutes), Senator McCaskill brings up the issue of Title IX and confidential reporting, and I suggest that the OCR FAQ approach of allowing schools to make a choice as to whether some employees (those without privilege) are designated as “responsible employees” or “non-professional counselors or advocates” (OCR’s language, see Q E-3, pg 23 of the FAQs) should be required.  That is, certain employees (I used WC directors, since that was my old role, as an example) should be designated confidential by law, regardless of whether they have privilege, and that schools should not have the option to not make them confidential (as the OCR FAQs allow).

 

I received several emails from various members of the higher ed community as a result of those and other comments I made during the roundtable, one of which informed me of a petition protesting the precipitous closing for the victims’ services/advocacy center at Syracuse University based on Title IX.  As you can see in this article http://www.buzzfeed.com/krystieyandoli/syracuse-university-to-close-advocacy-center-for-sexual-assa, the university seems to be arguing that the OCR guidelines under Title IX still require the closing of their advocacy center due to confidentiality concerns.  That information is incorrect, and a petition has been started that can be found at: http://www.change.org/petitions/syracuse-university-reinstatement-of-the-advocacy-center-to-provide-confidential-sexual-assault-support-services-at-syracuse-university.

 

I know that this issue has been discussed a lot among the communities represented on these listservs, so I wanted to pass along the information about the Syracuse U. events and petition.  I would also very much appreciate it if others who know of schools that are making similar choices to Syracuse’s (of not giving confidentiality to “non-professional counselors or advocates”) could let me know about those cases.

 

Best,

Nancy

 

 

Nancy Chi Cantalupo

J.D., B.S.F.S., Georgetown University

Researcher, Georgetown Law

 

You can access my scholarship on the Social Science Research Network (SSRN) at: http://ssrn.com/author=884485