Subject: Discussion List for campus-based and allied personnel working to end gender-based violence on campus.
List archive
- From: Brett Sokolow <>
- To: "" <>
- Subject: Re: Guidance for faculty responding to disclosures in assignments/emails?
- Date: Wed, 8 Jun 2016 16:58:03 +0000
- Accept-language: en-US
|
Mahri, I sympathize, but also fear when faculty members reject the broad concept of mandated reporting just because THEIR campus overreaches in its policy. It
is also frustrating to work with faculty across campuses who (generally) are seeking more institutional power and authority but expect that will not come with additional responsibilities. Those are irreconcilable positions, in terms of over-arching themes
impacting higher education. I'm one of those lawyers who think that OCR has been quite clear that faculty are responsible employees (except maybe adjuncts), and I don't think that is some CYA position that often occurs with campus attorneys, but is a direct
interpretation of the guidance. That said, this is not an all or nothing dialogue, and there has to be balance to campus approaches. There is no reason that classroom discussions and disclosures made in academic settings should be considered notice unless
they are meant to constitute notice. Positions such as those of your employer may chill reporting rather than increase it. I wrote about this recently, at the link below, if it helps to empower you and others to push back against overly broad mandated reporting
policies. https://atixa.org/wordpress/wp-content/uploads/2012/01/Volume-2-Issue-1-April-2016.pdf Regards, Brett A. Sokolow Brett A. Sokolow, Esq.
President & CEO, The NCHERM Group LLC Founder & Board Chair, The National Behavioral Intervention Team Association Executive Director, The Association of Title IX Administrators Publisher, Student Affairs eNews *PLEASE NOTE NEW MAILING ADDRESS* 1109 Lancaster Avenue Berwyn, PA 19312 Tel. (610) 993-0229 The NCHERM Group, LLC serves as legal counsel/advisor to 75 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:
"Irvine, Mahri" <> A few thoughts from me, a lowly adjunct faculty member with a tendency to get on a soapbox about this topic: A colleague just recently sent me
this website created by Jennifer Freyd; I thought that some of you might be interested in checking it out. I have a very grumpy statement in my syllabus for my Gender and Violence class; American University currently requires faculty to report ALL incidents of SV, even if the crime
was committed years ago or outside of the context of the survivor being an AU student. I think that it’s very problematic for faculty members to be required to report, particularly when they teach social science classes like Women’s Studies, Anthro, Sociology,
Criminology, etc. – these are all classes in which students are quite likely discuss to discuss being survivors, and they may simply be sharing their opinions or experiences, and not seeking help from their professors. It feels very Big Brother to me to require
faculty members to report information they overhear students sharing in a small, private group discussion in a classroom, or in an online discussion group. I think these reporting requirements are likely to stifle some students’ voices in the classroom; I
really disagree with the mandatory reporting requirements. The first way that we, as a society, should respect survivors and empower them is by giving THEM the choice to report, or not report. Some survivors simply want to talk about their experiences in class
or write about them in assignments, or they simply want to talk with their faculty members about their experiences; they don’t necessarily want their faculty members to share that information with the Title IX office. These survivors should be respected.
I also think it’s very important to understand that many universities have
decided to view faculty members as “responsible employees.” Faculty members do not need to be viewed as responsible employees; this is an interpretation made by universities (and their lawyers, I’m sure…).
In all fairness, I should note that I, as a faculty member, seem to be much more perturbed by this policy than my students are! Sometimes, students seem surprised when I have
to make Title IX reports (even though I clearly address this in the syllabus and on the first day of class). But usually, they say that they think it’s great that the university cares about them and wants to offer them resources, OR they simply say that they
understand I’m required to report, and they appreciate me telling them about the requirement. So, I suspect that I lose far more sleep over this than my students do. However, I still really oppose this policy.
For those of you who are mandated reporters and feel worried about betraying your students or disempowering them – something that I’ve started to do is cc my students on the
Title IX emails that I send. This way, the students know exactly what I have told the Title IX officer; I feel like they deserve this type of transparency, at least. Anyway, here’s my syllabus statement, and yes, AU already knows that I feel very strongly about this.
J
Faculty Reporting Obligations for Gender-Based Violence
From AU: American University expressly prohibits any form of discriminatory harassment including sexual harassment, dating and domestic violence, sexual assault, and stalking. The university is an equal opportunity, affirmative action institution
that operated in compliance with applicable laws and regulations, and does not discriminate on the basis of race, color, national origin, religion, sex (including pregnancy), age, sexual orientation, disability, marital status, personal appearance, gender
identity and _expression_, family responsibilities, political affiliation, source of income, veteran status, an individual's genetic information or any other bases under federal or local laws in its programs and activities. If you experience any of the above,
you have the option of filing a report with the AU Department of Public Safety 202-885-2527 or the Office of the Dean of Students 202-885-3300 .
Please keep in mind that all faculty and staff - with exception of counselors in the Counseling Center, victim advocates in the Wellness Center, medical providers in the Student Health Center, and ordained clergy in the Kay Spiritual Life Center - who are
aware of or witness this conduct are required to report this information to the university, regardless of the location of the incident. From Dr. Irvine: Because of legal requirements, I am labeled as a “responsible employee” when it comes to students telling me about surviving sexual violence, intimate partner violence, stalking, or other violent crimes – even if those crimes were committed
years ago, outside of the context of the university setting. This means that
if you tell me that you have ever survived an act of violence or abuse, even if somebody harmed you off campus or many years ago, I am required to share at least some of that information with AU’s Title IX Coordinator.
Whether you share this information during a class discussion or in a written assignment because you simply want to discuss your experiences, or whether you come directly to me because you are asking me for help, I am
required to contact the Title IX Coordinator. Please be aware of my status as a mandated reporter; if you do not want me to share information with the Title IX Coordinator, please be cautious about the types of stories that you share with
me, in any context. You can learn more about Title IX legal requirements
here. The university’s rationale for requiring faculty members to share this information is because in the past, some faculty members at some universities failed to appropriately respond to their students’ disclosures of surviving violence, and
they did not provide them with appropriate resources and information. You have probably read about some of these situations in news stories or on social media. So, this is why AU wants all faculty members to share information about their students, because
AU needs to know that all students are receiving consistent and appropriate levels of support. What will happen when I share your survivor status with the Title IX Coordinator? That person, or another university staff member, will reach out to you by email or phone to provide you with important resources like information about counseling,
ask you if you need help, and ask you to come in and talk with someone. It’s very important for you to know that the Title IX Coordinator should not share your information with very many people. In most situations, the only people who should know about your
survivor status will be the Title IX Coordinator and perhaps a few other administrators or staff members. You can contact the Title IX Coordinator at
or 202-885-3300 if you have any questions about issues related to your confidentiality, university procedures, or your legal rights. This reporting requirement puts us into an interesting situation in this class, because obviously, we focus specifically on violence, trauma, and abuse, and these are issues that have impacted many of our lives. I believe that faculty members
should not be required to report this information, at least not if those faculty members are teaching classes like “Gender and Violence,” in which these topics frequently come up during discussions or in assignments. However, I need to obey the rules, so I
will share your information with the Title IX Coordinator because I’m required to do so.
An Option for You: If you would prefer to have the freedom to write about your survivor experiences in assignments or discussion board posts, etc., without having to think about me sharing this information, one option is that you can simply tell me up front
that you are a survivor of some type of abuse or violence. You can be extremely vague about the information. In turn, I can immediately share that information with the Title IX Coordinator, and that person will contact you. Then you can decide how much information
to share with the Title IX Coordinator. This way, we will deal with my reporting obligation up front, and then you can feel free to mention, or not mention, your experiences in assignments or class discussions. This is simply an option for you. Of course,
you are NEVER under any obligation to share your personal stories in this class! Sincerely, Mahri Mahri Irvine, PhD IU Statewide Sexual Assault Education and Prevention Specialist Indiana University - Purdue University Indianapolis Walker Plaza 220 719 Indiana Avenue Indianapolis, IN 46202 317-274-2501 (office) 317-278-0948 (fax) Check out our upcoming
conference and
webinars! From: LaDue, Lee E. [mailto:]
Below is what we sent out. IT was sent from our President’s office. I want to be clear to give credit where it is due, the statement for syllabi was adapted from Humbolt
University and we credit them in the e-mail. As many of you know, under Title IX, “responsible employees must report incidents of sexual violence to the title IX coordinator.” (From the U.S. Department of Education’s Questions and
Answers on Title IX document) This includes incidences of sexual assault, dating/domestic violence and stalking. As part of an effort to create a safe campus and reduce these types of crimes, reports should go to our Title IX Coordinator, Dr. Ellyn Bartges.
The only exceptions are people in departments that provide confidential services, which includes the Women’s Center’s Gender Violence Prevention Program, Health Services, and Psychological and Counseling Services.
We also want to create a survivor-centered response to facilitate healing and safety for our students who experience these types of crimes. During an act of violence a survivor’s choice
is taken away from them. We acknowledge that campus reporting requirements may lead survivors to feel re-victimized, as their options (about who to tell, what steps to take in response to the violence) may be different than what they would choose otherwise.
To reduce the likelihood of this secondary harm, we suggest letting students know that you are obligated to report
before students disclose information to you. We have provided a sample statement below that faculty may use if you would like to include this in your syllabus.
(The model syllabus statement was developed by Humbolt State University and adapted with their permission.)
The Women’s Center can also provide a poster for faculty and staff doors or office areas that provide reporting and counseling
options for our students. If you would like one of these posters, please send an e-mail to Lee LaDue at
and include your on-campus mailing address.
SYLLABUS STATEMENT In the event that you choose to write or speak about having survived sexualized violence, including rape, sexual assault, dating
violence, domestic violence, or stalking and specify that this violence occurred while you were an SCSU student, federal and state education laws require that, as your instructor, I notify the Title IX officer, Ellyn Bartges. She (or her designee),
will contact you to let you know about accommodations and support services at SCSU and possibilities for holding accountable the person who harmed you.
If you do not want the Title IX Officer notified, instead of disclosing this information to your instructor, you can speak confidentially
with the following people on campus and in the community. They can connect you with support services and discuss options for holding the perpetrator accountable.
If you are a survivor or someone concerned about a survivor and need immediate information on what to do, please go to
http://www.stcloudstate.edu/womenscenter/ ________________________________________________________________________________________________________ If you have questions about Title IX guidelines or resources for students, you can contact the Office for Institutional Equity and Access at 320-308-5123, or Lee
LaDue, Gender Violence Prevention Coordinator at 320-308-3995. Additional information about Title IX requirements from the Department of Education can be found at
http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf Thank you for your care and concern about student safety and well-being. Lee Etta LaDue Gender Violence Prevention Coordinator Women's Center 720 4th Ave. S. St. Cloud, MN 56301 320-308-3995 From:
[]
On Behalf Of Juliette Grimmett Hey all-
But Lee, if you're willing to share, I'd love to see your template. I've got a running list of syllabi statements I share, and would love to include yours! Peace, Juliette Grimmett, MPH join us on facebook follow us on twitter
We’ve put out a template for faculty to include in their syllabus about their reporting responsibilities so students
are aware. I’m not sure that is the angle that you are looking for but this way students know if they write something in a report about a personal experience that it will get reported. Lee Etta LaDue Gender Violence Prevention Coordinator Women's Center 720 4th Ave. S. St. Cloud, MN 56301 From:
[]
On Behalf Of Juliette Grimmett Hey folks - Does anyone have any guidance or helpful examples around this issue? Thanks!
Peace, Juliette Grimmett, MPH join us on
facebook follow us on
twitter
Peace, Juliette Grimmett, MPH join us on
facebook follow us on
twitter |
- Guidance for faculty responding to disclosures in assignments/emails?, Juliette Grimmett, 06/07/2016
- RE: Guidance for faculty responding to disclosures in assignments/emails?, LaDue, Lee E., 06/07/2016
- <Possible follow-up(s)>
- Re: Guidance for faculty responding to disclosures in assignments/emails?, Juliette Grimmett, 06/07/2016
- RE: Guidance for faculty responding to disclosures in assignments/emails?, LaDue, Lee E., 06/07/2016
- Re: Guidance for faculty responding to disclosures in assignments/emails?, Juliette Grimmett, 06/07/2016
- RE: Guidance for faculty responding to disclosures in assignments/emails?, Irvine, Mahri, 06/08/2016
- Re: Guidance for faculty responding to disclosures in assignments/emails?, Brett Sokolow, 06/08/2016
- RE: Guidance for faculty responding to disclosures in assignments/emails?, LaDue, Lee E., 06/07/2016
Archive powered by MHonArc 2.6.16.