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

["Shaffer, Jyl (shaffej2)" <>]

The 2011 DCL (page 14) references the Clery rules for non-disclosure-

 

“Postsecondary institutions also are subject to additional rules under the Clery Act. This law, which applies to postsecondary institutions that participate in Federal student financial aid programs, requires that “both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense.” Compliance with this requirement does not constitute a violation of FERPA. Furthermore, the FERPA limitations on redisclosure of information do not apply to information that postsecondary institutions are required to disclose under the Clery Act. Accordingly, postsecondary institutions may not require a complainant to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the redisclosure of this information.”

 

The Campus SaVE regs talk about “simultaneous notification to both the accuser and the accused of the outcome of the institutional disciplinary proceeding” so I would say if we weren’t allowed to require nondisclosure agreements under Clery regs for sex offenses we can’t require them under the new language for “dating violence, domestic violence, sexual assault, and stalking”.

 

The Intersection of Title IX and the Clery Act document from notalone.gov says, “Institutions may not require a complainant to abide by a nondisclosure agreement, in writing, or otherwise, that would prevent the re-disclosure of this information in any Title IX complaint that involves a Clery Act offense, such as sexual violence.”

 

The 2001 sexual harassment guidance also talks about disclosure in sexual harassment cases. My understanding is that if FERPA would interfere with implementing Title IX, Title IX overrides FERPA.

 

Hope that helps.

 

Sincerely,

 

Jyl Shaffer

Title IX Coordinator

University of Cincinnati

Office: (513) 556-3349

Edwards I Suite 3115

45 Corry Blvd

Cincinnati OH 45221

www.uc.edu/titleix

Pronouns: she, her, hers

 

 

From: Hotvedt, Carmen [mailto:]
Sent: Wednesday, May 20, 2015 12:29 PM
To: ''
Subject: FERPA non disclosure

 

Hi all:

 

I’m attempting to find the regulation that specifically prohibits campuses from using non-disclosure agreements or gag orders pertaining to disciplinary procedures regarding sex offenses.  My goal is to have the information needed to:

-encourage that our campus include the statement as part of policy in our Clery ASR, and
-to address a the proposed change to our university system disciplinary code that is raising some red flags for me. 

 

I am not sure this is directly addressed in the Clery regs or statutory language.  I’ve attached the 2004 Georgetown letter on this matter, but what I’m looking for is any regulatory language on this matter (FERPA regs?  Federal Register?).  Even if your campus simply has an overt written policy on this matter, I’d welcome that in an effort to benchmark. 

 

Additionally, though the 2004 letter only bars campuses from making victims sign non-disclosure agreements as they pertain to the "dissemination of judicial proceeding outcomes and sanctions to the accusers in cases of alleged sex offenses," is it reasonable to assume that this might also be extended to victims of dating violence, domestic violence, and/or stalking? 

 

Thanks again, all.

 

Take care,

 

cj

Carmen Hotvedt
Assistant Director for Violence Prevention (EVOC)
University Health Services
UW-Madison

End Violence On Campus
EVOC Change.  EVOC Equality.  EVOC Respect.