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

[Brett Sokolow <>]

Agreed, Megan.  The new VAWA amendments prohibit timely warnings that identify or could lead to identifying a victim, so that is helpful.  

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

President & CEO, The NCHERM Group LLC

Executive Director, The National Behavioral Intervention Team Association 

Executive Director, The Association of Title IX Administrators 

Publisher, Student Affairs eNews 

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The NCHERM Group, LLC serves as legal counsel/advisor to 70 campuses

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From: <McKendry>, "Megan K - (mmckendry)" <>
Date: Wednesday, February 11, 2015 at 7:02 PM
To: Brett Sokolow <>, "" <>
Subject: RE: Women's Centers reporting?

That is fortunate, Brett. Thanks for clarifying.

From a survivor-centered perspective, I hope that confidential or "privileged" employees are not required to submit de-identified information against the survivor's wishes. This could be harmful to the survivor, especially if the report triggers a timely warning.

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: Brett Sokolow []
Sent: Wednesday, February 11, 2015 4:28 PM
To:
Subject: Re: Women's Centers reporting?

Megan,

There need not be a state statute for the campus to exempt you from mandated reporting, fortunately.  I hope all campuses are moving toward identifying advocates and other key personnel who can maintain victim/survivor confidentiality. 

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

President & CEO, The NCHERM Group LLC

Executive Director, The National Behavioral Intervention Team Association 

Executive Director, The Association of Title IX Administrators 

Publisher, Student Affairs eNews 

116 E. King St.
Malvern, PA 19355-2969
Tel. (610) 993-0229 
Fax (610) 993-0228

The NCHERM Group, LLC serves as legal counsel/advisor to 70 campuses

This e-mail message is from a law firm and may contain information that is privileged or confidential. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, do not read it. Please delete it from your system without copying it, and notify the sender by reply e-mail at  or by calling 610.993.0229, so that our address record can be corrected.

From: <McKendry>, "Megan K - (mmckendry)" <>
Date: Wednesday, February 11, 2015 at 3:06 PM
To: Nancy Cantalupo <>, Rina Rhyne <>, "" <>
Subject: RE: Women's Centers reporting?

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

--
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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