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

[William Lewis <>]

Roberta - 

Keep in mind the spirit of the rule. I try to impart this whenever I work with a campus. 

The idea is to:

1. decrease incidents, by
2. Increasing awareness, and thus
3. Increasing reporting, and
4. Increasing accountability through effective processes.

Anything we do to increase reporting WHERE IT SHOULD BE REPORTED is the idea. 

So, in the “responsible employees/mandatory reporter” world (where parties have to share the info they have learned) having the very people we put forth as advocates for victims forced to disclose names, identifiable info, etc. (unless there is an imminent and immediate threat) regardless of their “privilege” status flies in the face of #3, as it would create a definitive chilling effect. Privilege would come into play in litigation.

So, yes, you can declare them “confidential” for that reason. That is where people are SUPPOSED to go (as opposed to – and I know reasonable minds differ on this – the faculty).

This is also why the recent spate of proposed laws requiring reporting of all identifiable info to law enforcement regardless of the parties wishes and absent imminent threat are bad ideas.

Hope this is helpful, feel free to contact me off list if I can help or there is a nuance that I am missing.

Scott

Sincerely,

W. Scott Lewis, JD

Follow me on Twitter: @wscottlewis

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From: Roberta Gibbons <>
Date: Tuesday, March 10, 2015 at 3:09 PM
To: Brett Sokolow <>
Cc: "Perfetti Clark, Lucia" <>, "Catherine A. Carroll" <>, Rina Rhyne <>, SAPC List Serv <>
Subject: Confidential help on campus

I live in a state that confers statutory privilege on advocates/ "counselors" who meet training requirements AND are supervised by a rape crisis center. Our admin is struggling with identifying a confidential resource on campus because, despite completing the training, they will not meet the requirements for statutory privilege without being supervised by someone at a center. I know we can collaborate , but outside of that, under SaVE, can't the university choose, identify who it's confidential resources are regardless of whether they have privilege in the criminal justice system or not? I used to run an on- campus advocacy center and our advocates had privilege because we were a center , but my new university does not have such a center and supervision would be provided b the counseling office or women's center.

Roberta Gibbons, PhD 

Metropolitan State University

On Mar 10, 2015, at 2:21 PM, "Brett Sokolow" <> wrote:

Where athletic trainers are licensed, and most are, it violates their professional ethics to report incidents involving students revealed to them during training activities.  

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

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From: "<Perfetti Clark>", Lucia <>
Date: Tuesday, March 10, 2015 at 1:37 PM
To: "'Catherine A. Carroll'" <>, Rina Rhyne <>, "" <>
Subject: RE: Athletic trainers/sports med staff

I agree, I think there needs to be a conversation, it’s important to know what they think their level of reporting should be.  They can be limited reporters.

 

 

Lucia Perfetti Clark

Title IX Coordinator

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1021 Dulaney Valley Road

Baltimore, MD  21204-2794

410-337-6570

 

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From: Catherine A. Carroll []
Sent: Tuesday, March 10, 2015 2:27 PM
To: Rina Rhyne; SAPC List Serv
Subject: Re: Athletic trainers/sports med staff

 

We do not consider our athletic trainers confidential sources. Our athletic trainers report administratively to a supervisor, and for other medial related issues to a physician. 

 

I do believe there is an argument to consider them confidential sources like health service staff. In fact, I encouraged a trainer the other day to write up a proposal to my office requesting that athletic trainers not be considered a responsible university employee and assert the existence of confidentiality under the Physician’s ability. 

 

Either way – what is important is that you document how you determined whether or not they are or are not considered a confidential source;  make sure they all know it – and you are good to go. 

 

Good luck!

 

 

Catherine A. Carroll, Director

Title IX Officer

Office of Civil Rights & Sexual Misconduct 

University of Maryland, College Park, MD  

Office: 301.405.1142 ¢xCell: 301.852.0946¢xFax: 301.405.2837

 

TAKE THE PLEDGE

http://www.umd.edu/Sexual_Misconduct/

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From: Rina Rhyne <>
Date: Tuesday, March 10, 2015 at 1:18 PM
To: "" <>
Subject: Athletic trainers/sports med staff

 

Would athletic trainers (the sports medicine staff that help with rehab and such) be considered a confidential reporting source like our University Health Services medical staff? They are not nurses, they are Licensed Athletic Trainers, but they are supervised by a physician.

--
Rina Vaishnav Rhyne, MSW, LGSW

Program Coordinator, Voices Against Violence

University of Maryland - Baltimore County

Phone: 410-455-3748

Note: I am not in the office on Thursdays. Please call x5-2542 and ask to speak to a Voices Against Violence staff member if you have an urgent need in my absence.

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