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

[Brett Sokolow <>]

Agreed, Rob.  The question remains whether in an emergency threat to the campus situation whether the Title IX Coordinator can require a privileged employee to divulge further details.  OCR has not really addressed that, and I think that we should be clear in policy on that point so that victims/survivors have a clear expectation as to what can result from their disclosures.

Regards,
Brett A. Sokolow
Brett A. Sokolow, Esq.
Attorney-at-Law

President & CEO, The NCHERM Group LLC

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From: Rob Buelow <>
Date: Wednesday, February 11, 2015 at 4:11 PM
To: "McKendry, Megan K - (mmckendry)" <>
Cc: Nancy Cantalupo <>, Rina Rhyne <>, "" <>
Subject: Re: Women's Centers reporting?

Hi all,

To Nancy's post, my understanding from hearing the Department of Ed speak on this several times is that there are three designations for employees: responsible employees, confidential employees, and "privileged employees."

This third designation is ED's recognition of the employees who do provide assistance and support to students but do not serve in a formal counseling, healthcare, or clergy role. These privileged employees are only required to submit anonymous reports that an offense may have occurred.

I think if campuses make clear and appropriate designations of these employees, and they uphold their privileged obligations, ED will not find fault in this.

Looking forward to input from others.

Best,

Rob

On Wed, Feb 11, 2015 at 3:06 PM, McKendry, Megan K - (mmckendry) <> wrote:

Can anyone clarify how the FAQ Nancy cited interacts with the footnote at the bottom of page 23?

"Postsecondary institutions should be aware that an individual who is counseling students, but who does not meet the Clery Act definition of a pastoral or professional counselor, is not exempt from being a campus security authority if he or she otherwise has significant responsibility for student and campus activities."

I am an advocate; UA's legal counsel cleared me as confidential because Arizona has a law designating consultations between advocates and victims as privileged. Procedures seem to vary by institution, and I've heard campus professionals across the country express confusion. Imagine how our students must feel?

Megan McKendry, MPH
Violence Prevention Coordinator
Oasis Program Against Sexual Assault & Relationship Violence
The University of Arizona | Campus Health Service
1224 E. Lowell Street | Tucson, AZ 85721-0095
P: 520-626-1829 | F: 520-621-8325
| www.oasis.web.arizona.edu
Subscribe to Oasis's newsletter! 

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From: Nancy Cantalupo []
Sent: Wednesday, February 11, 2015 12:51 PM
To: Rina Rhyne;
Subject: RE: Women's Centers reporting?

Hi Rina,

 

See this language in the OCR FAQs (at pg 23 of http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf):

 

"OCR recognizes that some people who provide assistance to students who experience sexual violence are not professional or pastoral counselors. They include all individuals who work or volunteer in on-campus sexual assault centers, victim advocacy offices, women’s centers, or health centers (“non-professional counselors or advocates”), including front desk staff and students. OCR wants students to feel free to seek their assistance and therefore interprets Title IX to give schools the latitude not to require these individuals to report incidents of sexual violence in a way that identifies the student without the student’s consent.27 These non-professional counselors or advocates are valuable sources of support for students, and OCR strongly encourages schools to designate these individuals as confidential sources."

 

Does this help w/ your question?

 

Best,

Nancy

 

 

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From: Rina Rhyne []
Sent: Wednesday, February 11, 2015 2:11 PM
To:
Subject: Women's Centers reporting?

I was curious to know how your schools handle confidential reporting. I know it does not have to be reported to our Title IX Coordinator if a student discloses an assault to 1) a provider at the university health center 2) a provider at the counseling center or 3) to any campus clergy but what about the Women's Center staff? Are they protected from reporting? I have seen mixed messages about this.

Thanks!
Rina

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Rina Vaishnav Rhyne, MSW, LGSW

Program Coordinator, Voices Against Violence

University of Maryland - Baltimore County

Phone: 410-455-3748

Visit us online!

Note: I am not in the office on Thursdays. Please contact Jennifer Lepus at x52542 if you have an urgent VAV need in my absence.


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