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

["S. Daniel Carter" <>]

Wade,

This requirement is not a part of the similarly named federal law nor the updated version of it as amended by 2013’s VAWA reauthorization, but rather the New Jersey state version. Specifically, N.J. Stat. § 18A:61E-2, which in paragraph “g” provides that victims have “The right to be informed of, and assisted in exercising, any rights to be confidentially or anonymously tested for sexually transmitted diseases or human immunodeficiency virus; the right to be informed of, and assisted in exercising, any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.”

In any case, the requirement is not that the institution facilitate the testing, but rather disclose information about any rights which may exist under law to such testing. So if pursuing this option required action by a court then complying would necessitate providing information about pursuing that process, and in New Jersey to be assisted. The policy you quote appears solely to require the disclosure of information about any rights which may exist under federal or state law, not to create any right in an of itself so there shouldn’t be any problems with the concern you raise.

S. Daniel Carter

Director of 32 National Campus Safety Initiative

VTV Family Outreach Foundation

P.O. Box 230024, Centreville, VA  20120

Office: 202-684-6471

http://www.32ncsi.org/

From: "Felty, Wade P." <>
Date: Thursday, July 17, 2014 at 2:44 PM
To: "" <>
Cc: "Bissler, Denise L" <>
Subject: Question about entry in Campus Sexual Assault Victim Bill of Rights (testing suspects?)

I was  perusing the Campus Sexual Assault Victim Bill of Rights as we mention it in our Sexual Conduct Policy and I came across this entry

“To be informed of any federal or state rights to test sexual assault suspects for communicable diseases.”

How does one go about operationalizing this? Has anyone any experience with this scenario? How do you compel someone to do this if they haven’t been adjudicated by the legal system? Am I reading too much into this.

I was kind of alarmed when I read it because I don’t remember seeing it before.

Wade Felty

Wade Felty

Office of Residence Life & Housing and Judicial Affairs

Randolph-Macon College

(804)-752-3234 (Office)

(804)-441-4187 (Mobile)