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

[Megan Elizabeth Selheim <>]

Roberta,

 

I’m a campus-based advocate, and we also have statutory privilege in Wyoming. I was subpoenaed for an order of protection hearing last year, and our university general counsel actually went with me to court to quash the subpoena. The Respondent ended up stipulating to the order, so the subpoena issue never came up, but as far as we were concerned, the university recognized my/my client’s privilege.

 

Our statute includes “administrative” in the types of hearings that advocate privilege applies to, which covers university proceedings (as far as I know). I also don’t know that a university can subpoena you in the first place, but it may depend – we can’t.

 

Generally, we’ve always talked to clients about whether or not they want us to testify, and usually we discourage it because there’s not much we can add that would be helpful, but defense/respondent attorneys can go digging.

 

--

Megan Selheim

STOP Violence Program Coordinator

Dean of Students Office

Dept. 3135, 1000 E. University Ave., Laramie WY 82071-2000

118 Knight Hall

307-766-3296

www.uwyo.edu/stop

 

 

 

From: Roberta Gibbons [mailto:]
Sent: Monday, August 25, 2014 4:02 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