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

[Brett Sokolow <>]

I know of nothing in writing on this, Megan.  Sorry.  There are at least three ways to address this:

1)  All statutory confidentiality can be waived, as your post indicates.  If an informed client waives in writing, you are allowed to share whatever they give you permission to share (same as a counselor whose client wants them to contact the TIXC for them).

2)  Introduce the survivors of the same PERP, but don’t tell them why.  Just tell them they have a lot in common and you hope they will support each other.  They’ll figure it out.  

3)  Under FERPA (and this applies to advocate confidentiality, too), the student can consent to release.  So, let’s assume you have Harriet and Juliet, both assaulted by Perp.  You say “Harriet, if there was another student who was assaulted by Perp, would you want to know about her?”  If yes, sign this waiver.  Then, you say to Juliet, "if there was another student who was assaulted by Perp, would you want to know about her?”  If Juliet says yes, have her sign the waiver.  Once both consent in writing, tell them about each other or introduce them.  

We do this all the time.  There is never an issue because the holder of the privilege (the survivors) are glad we shared.  No one else has a right to object (frankly, including your counsel. You may wish to politely remind him/her that you do not control privilege, nor do they.  The client does).  The only other context I have seen release when survivors do not have the same perp in common is a survivor support group, where the participants all sign consents and share their own details as they are comfortable.  Hope this helps a little.  

Regards, 

Brett A. Sokolow

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

President & CEO, The NCHERM Group LLC

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From: Megan Elizabeth Selheim <>
Date: Thursday, June 25, 2015 at 4:21 PM
To: "" <>
Subject: connecting survivors

Everyone,

 

I’m looking for some guidance I can provide to our university general counsel on why it is ok for me, in my role as an advocate and maintaining statutorily protected confidentiality, to put survivors in touch with each other at their request. This is connecting in a one on one basis (especially when we have multiple survivors from the same perpetrator), rather than in a support group.

 

Anyone who works at an advocate at a university who is willing to verify that this type of connection is a support that you provide on request, or anything else that I would be able to show to our general counsel, is much appreciated!

 

--

Megan Selheim

STOP Violence Program Coordinator

Dean of Students Office

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

106 Knight Hall

307-766-3296

www.uwyo.edu/stop

 

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