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

["Shaffer, Jyl R" <>]

As a University we do not have subpoena ability like a court does. Depending on the process that particular school is using they may have a panel hearing and offer both parties the opportunity to submit witnesses whom they would like to call to the hearing. Witnesses don’t have to attend the hearing, and being “his” witness may present a conflict of interest an advocate. If the advocate is a University employee then they should check to see if there are requirements for employees to respond (I would be surprised if there was), and then I would still invoke state privilege (as long as the person is operating with it as an employee of the institution).

 

If the victim were to name the advocate as a witness I would encourage the advocate to have a conversation with her about what she wants the person to testify about and the consequences- i.e. that he can ask questions too. Typically the questions would be filtered through a panel chairperson, but still, an advocate could be asked questions that expose information the victim may not have wanted shared. Also, keep in mind that campus records can be subpoenaed by the courts, so if an advocate did provide testimony in a hearing it could be brought into a court case, which could open the door for the advocate to be subpoenaed in a criminal or civil case.

 

When I was a campus victim advocate I did not testify in conduct hearings. I was willing to provide a written document confirming that the alleged victim had contact me and sometimes other relevant details depending on the case, and I did serve as a victim’s advisor during a hearing once.  I invoked my state privilege otherwise, and I explained to victims my reason for doing so (that I was protecting the advocate-survivor relationship). Almost all of the time what you can attest to is not useful to the process, i.e. it’s hearsay or opinion, so there wouldn’t be many questions the panel should be asking you. As an investigator now I can think of only very limited questions I would ever need to ask a victim advocate.

 

Hope this helps,

 

Jyl R. Shaffer

Equal Opportunity Specialist

Office of Equal Opportunity Services

University of Houston

153 Student Service Center 2

Houston, TX 77204-3020

Direct line: (713) 743-8821

Fax: (713) 743-0959

Office main line: (713) 743-8835

www.uh.edu

 

From: Roberta Gibbons [mailto:]
Sent: Monday, August 25, 2014 5:02 PM
To:
Subject: subpoena to appear in campus judicial hearing?

 

I received the following from my state coalition, which is trying to advise an advocate regarding a hearing at a local university.  I provided my best response, but think that someone out there knows more than I do on this.  Please note that in this state (MN) advocates have statutory privilege.  The main question is – Will a university “enforce”  a subpoena from the courts; will the courts issue and/or enforce a subpoena for a campus hearing?

Here are the details  - and thank you in advance -

 

We have an active criminal case in X County. Offender X University student (high profile football player) who has an attorney and not afraid to use him. My past experience with this case was watching a HRO hearing go down where my client (who didn’t have an attorney and waived her right to one that day) was grilled on the stand for 45 minutes about her sexual history. I was furious. This case is now going to trial. On a parallel universe, the conduct board at X ruled that said accused student is guilty and he does not particularly like that decision. He is invoking his right to a Chapter 14 hearing. I was notified today by the Title 9 Coordinator at X that he is requesting yours truly to give my statement about the victim on that day.

I said no, (really? What is he thinking?) and that as an advocate I have privilege. She said he will just get a subpoena. I said fine, I’ll have it squashed.

SO… what can you tell me about this kind of hearing? Does my client privilege cover me for a school hearing? (I would think so…) And, is there anything else I need to consider before I get served? The client is really upset about the case and we were advised by the county attorney to let all court updates and such come from her, so I haven’t called her yet. The kid got my name from the victim though… so what if she WANTS me to testify on her behalf??? What then?

UG.

 

Roberta Gibbons

Metropolitan State University