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

[Holly Rider-Milkovich <>]

Hello all:

As a contribution to this conversation, I want to draw out this part of the handbook:
"In most cases it is possible for a CSA to fulfill his or her responsibilities while still maintaining victim confidentiality. CSA reports are used by the institution to compile statistics for Clery Act reporting and to help determine if there is a serious or continuing threat to the safety of the campus community that would require an alert (i.e., a timely warning or emergency notification discussed in Chapter 6). However, those responsibilities can usually be met without disclosing personally identifying information."  The definition of "personally identifying information" from 42 U.S.C. § 13925 is:

(18) Personally identifying information or personal information The term "personally identifying information" or "personal information" means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, including - (A) a first and last name; (B) a home or other physical address; (C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number); (D) a social security number; and (E) any other information, including date of birth, racial or ethnic background, or religious affiliation, that, in combination with any of subparagraphs (A) through (D), would serve to identify any individual.

I agree with Brett that one of the problems is the improper issue of timely warnings, but also want to note that I think many officials will interpret the new Handbook as requiring victim advocates to provide more information than simply anonymous stats, and the bugaboo is in the language of "in most cases" which supposes the possibility for there to be cases where a person would not be able to discharge their responsibilities without revealing personally identifying information.  

To help with this issue, I would direct individuals to the language in the handbook on 4-1 that states "what you must include, therefore, are statistics based on reports of alleged criminal incidents. It is not necessary for the crime to have been investigated by the police or a campus It is not necessary for the crime to have been investigated by the police or a campus security authority, nor must a finding of guilt or responsibility be made to include the reported crime in your institution’s crime statistics"  (emphasis mine).

On Fri, Jul 8, 2016 at 10:57 AM, Brett Sokolow <> wrote:

The problem, it seems to me, isn’t caused by requiring anonymous stats from advocates (that’s always been the case), it’s the improper practice of issuing timely warnings on them that creates the potential for harm. So, that’s where I’d focus my time in trying to get reform from campus law enforcement on that misinterpretation of the regulations related to timely warnings. 

 

Regards, 

Brett A. Sokolow

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

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 
Fax (610) 993-0228

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: "Diaz, Sarah" <>
Date: Friday, July 8, 2016 at 9:19 AM
To: Liz Howley <>, "" <>, "" <>
Subject: RE: Clery Confidentiality

 

Liz,

I share your concerns. As soon as I read the new handbook section you’re referring to I contacted our Clery compliance officer to seek clarification. If the CSA report really did just entail tracking statistics that would be one thing. However, on our campus CSA reports most often trigger timely warnings which creates a barrier to students seeking support.

 

I am also concerned that if we are now forced to exclude certain individuals who wish to remain confidential (counselors, specifically, with a strong understanding of trauma) from being involved on a SART team that we are missing a critical voice.

 

To amp up our confidential options for students we are now exploring a stronger partnership with a local rape crisis center.

 

If anyone has sought clarification already on the language in the new Clery handbook and has something to offer I’d love to hear that.  Thanks for posing this question, Liz.

 

Kindly,

Sarah

 

Sarah B. Diaz, MSW

Coordinator for Health Education and Outreach Programs

Campus Victim Advocate

 

Butler University

4600 Sunset Avenue

Indianapolis, IN 46208

 

Office: 317.940.8311

24 Hr. Victim Support: 317.910.5572

Fax: 317.940.6403

 

#BUBeWell

 

 

From: [mailto:] On Behalf Of Liz Howley
Sent: Friday, July 08, 2016 9:00 AM
To: ;
Subject: Clery Confidentiality

 

Hi Everyone,

 

I'm wondering how the new Clery specifications are affecting your work/how you might be adapting? In particular I'm talking about Chapter 4-2, which deals with Campus Security Authorities. 

 

"Examples of individuals (outside of a police or security department) who generally meet the criteria for being campus security authorities include: 

• victim advocates or others who are responsible for providing victims with advocacy services, such as assisting with housing relocation, disciplinary action or court cases, etc.; 

• members of a sexual assault response team (SART) or other sexual assault advocates"

 

The link to the full handbook is here: https://www2.ed.gov/admins/lead/safety/handbook.pdf?utm_content=27b8b24fb4bba127bdc7f47238b4676c&utm_campaign=Just%20Released%21%20Updated%20Clery%20Handbook&utm_source=Robly.com&utm_medium=email

 

 

I'd love to hear how your institution is interpreting this. I am sure many of us who are confidential advocates have concerns about reporting"just  numbers", especially if those numbers might develop into timely notices.

 

Liz

--

Elizabeth Gallon Howley, MS, MCHES

(she/her/hers)
Assistant Director, Sexual Violence Advocacy & Prevention

University Health Center - The Well

Student Success Center 1319

724 S. Mason Street, MSC 7901

540.568.6251

 

 

--

Holly M. Rider-Milkovich

Director, Sexual Assault Prevention and Awareness Center

Co-Chair, Abuse Hurts Initiative

University of Michigan

(734) 764-7771

(734) 936-3333 (24. Hr. Crisis Line)

 

Michigan Union 

530 S. State St, G509

Ann Arbor, MI 48109

sapac.umich.edu

facebook: Holly At SAPAC