I hope that DOE official’s comment was before the VAWA changes in 2013. And, Carmen, don’t get me wrong, I agree with you 100% on exempting advocates or allowing aggregate data reporting
as under Title IX. But, in the meantime since the rules are what they are for now, I at least want to use our public platform to work to minimize the collateral harm of overzealous timely warning practices so that any statistical reporting by “confidential”
CSAs isn’t going to identify victims. Room numbers, let alone buildings, have no place in a timely warning that is sourced from a “confidential” CSA, especially when the offender is known. Those should be bare bones as to when, what, and generically where,
with really nothing more (unless in the rare case that an imminent harm threshold is triggered, in which case more would be shared). We’ll then need to work to amend the Clery Act to get this changed, hopefully with the 2017 new legislation around campus sexual
violence. Several Senators seem open to this conversation…
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From:
"Juniper Neimeko, Carmen" <>
Date: Friday, August 12, 2016 at 12:21 AM
To: Brett Sokolow <>
Cc: Megan Elizabeth Selheim <>, Jill Perry <>, "" <>
Subject: Re: Please post on List serve
Absolutely agree that those are two different ways to look at it--good point--except that the many do not see the names or floors of dorms with a narrative about the crime as personally identifying the victim. I've heard a DOE rep go so
far as to say that the room number in a dorm is not identifying as long as there is an occupant other than the victim. And though that information may not technically provide identifying information, the gossip train & "internet amateur detective club" is
very very real on campuses.
The political climate of many campuses is to defer to the lowest risk of being fined, highest compliance strategy, and though your points are well taken, they are simply not realities on my campus as you outline them. True, not all not
most student disclosures are timely--but it's not really those that I am concerned about or addressing in my concerns.
I am very concerned about the students who come to our office within days of their victimization in part because they have been assured we are confidential and are either making decisions about reporting to campus authorities and/or law
enforcement or have already decided not to report. It simply doesn't make sense for victim advocates or nurses to function as CSAs here (I actually don't think it makes sense anyhow but this situation is where the opportunities for harm are high). We are
not designated to receive crime reports and I continue to fail to see how getting help after a sexual assault is a "campus or student activity." We (victim advocates) then make a choice about withholding information to protect the student & jeopardizing our
jobs--and this pressure has been felt in very real ways across the nation. The power differential between compliance staff and helping staff is often significant, and though many of us have cooperative, good relationships, there is little that a good relationship
can do to address the way a compliance office operationalizes the text in the handbook. It doesn't help that the DOE has also indicated that campuses should consider non-campus victim service agency staff who have written agreements to be CSAs as well.
I think the win would be for Clery to allow for aggregate yearly data reports that do not trigger timely warnings and crime log documentation, similar to the T9 guidance/suggestion. These reports could be reported to the Clery staff and
included in the ASR regardless of the inclusion of location, date, and/or time. At some campuses, this is already happening, but again--this is not how CSAs are supposed to be functioning.
On Aug 11, 2016, at 10:22 PM, Brett Sokolow <> wrote:
Hi Carmen,
To read the new handbook as creating an enhanced obligation to issue timely warnings for sexual assaults,
1.
You have to be prepared to ignore VAWA’s provisions prohibiting identifying a victim/survivor in a timely warning,
2.
You have to assume that all reports to CSAs are in fact timely themselves (delays in coming forward by victims/survivors may render a warning non-timely), and
3.
You have to be willing to identify a suspect in the warning, in many cases.
Since I don’t interpret it that way, here is how I would highlight the paragraph you shared:
• The continuing danger to the campus community. This means that after a Clery Act crime is reported you should consider whether your students and employees are at risk of becoming victims of a similar
crime. For example, if a Rape is reported on campus and the alleged perpetrator has not been caught, there is a risk of similar crimes. If the alleged perpetrator was reported or apprehended, there may not be a continuing risk.
However, you should still evaluate other factors such as whether the apprehended perpetrator had accomplices or had already set other attacks in motion. Does a criminal incident appear to be a one-time occurrence or does it fall into a pattern of reported
crimes? For example, if your students set some posters on fire after your school’s team lost the homecoming football game, the Arsons are probably a one-night event. If an unknown person is randomly setting fires on campus, there is a continuing threat.
It looks quite different if you choose to emphasize two different sentences, yes?
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From:
"Juniper Neimeko, Carmen" <>
Date: Thursday, August 11, 2016 at 11:09 PM
To: Brett Sokolow <>, 'Megan Elizabeth Selheim' <>, 'Jill Perry' <>
Cc: "" <>
Subject: RE: Please post on List serve
Though I agree that there has been a push to evaluate and put out timely warnings more aggressively in ways that may not actually be helpful to assuage threat to campus, this particular passage (pasted below) in the most recent handbook
that several Compliance officers find to be most problematic when thinking about CSAs, who by definition, need to report immediately. Delayed reports are not how Clery asks for CSAs to report.
New this year, the hanbdbook also indicates that there may be times in which CSAs need to disclose personally identifiable data—though confidentiality can be protected in “most cases.” As such, the concern extends beyond the guidance
from consultants and into the standardized compliance handbook.
Every CSA report should be evaluated individually/case by case, but it’s hard for a compliance officer and/or those designated to evaluate CSA reports to read the guidance below and NOT issue them for rapes that have been disclosed to CSAs
shortly after they have occurred on or near campus—even if those CSAs are otherwise designated as confidential for other sexual violence. As per earlier discussion, the DOE considerations appear to think only of stranger assaults rather than what is unfortunately
happening on or near every campus, nearly every night of the year.
2106 Handbook, pages 6-13 & 6-14
• The continuing danger to the campus community. This means that after a Clery Act crime is reported you should consider whether your students and employees are at risk of becoming victims
of a similar crime. For example, if a Rape is reported on campus and the alleged perpetrator has not been caught, there is a risk of similar crimes. If the alleged perpetrator was reported or apprehended, there may not be a continuing risk. However,
you should still evaluate other factors such as whether the apprehended perpetrator had accomplices or had already set other attacks in motion. Does a criminal incident appear to be a one-time occurrence or does it fall into a pattern of reported crimes? For
example, if your students set some posters on fire after your school’s team lost the homecoming football game, the Arsons are probably a one-night event. If an unknown person is randomly setting fires on campus, there is a continuing threat.
Carmen Juniper Neimeko (formerly Hotvedt) /she/her/hers/
Manager, Violence Prevention and Victim Advocacy
University Health Services
UW-Madison
End Violence On Campus
EVōC
Change.
EVōC Equality.
EVōC
Respect.
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From: Brett Sokolow []
Sent: Thursday, August 11, 2016 11:38 AM
To: Megan Elizabeth Selheim <>; Jill Perry <>
Cc:
Subject: Re: Please post on List serve
Yes, unfortunately, there is a consulting organization that is advising campus police to release timely warnings in cases where they are really not necessary. I disagree with this advice
for many reasons. The warnings (not the de-identified statistics) are the key problem that needs to be addressed by a diligent application of the regs and handbook, which do not require such warnings unless the regulatory threat threshold is met. Erring on
the side of caution in releasing timely warnings is not the best practice here, at all. I have this in writing from the Campus Safety Help Desk. In fact, many such warnings can’t be timely, anyway, because the report by the victim/survivor was delayed.
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From:
Megan Elizabeth Selheim <>
Date: Thursday, August 11, 2016 at 11:52 AM
To: Jill Perry <>
Cc: "" <>
Subject: RE: Please post on List serve
Jill,
I’ve heard this same questions from some other campuses, re: CSAs and timely warnings. It’s sounding like the issue may be less with the CSA requirement, and more with specific
institutional interpretations that a CSA report automatically triggers a timely warning.
I’m a confidential advocate on campus, and share de-identified stats since I’m considered a CSA. But our police department only requires that Clery stats be submitted once
per year, so there really is no way for our campus to consider CSA stats to be timely, especially when they do not include any information about when the incident occurred other than the calendar year.
Additionally, if there is a conflict with your state licensing board, it may need to be reviewed by your institution’s general counsel. I’m only considered confidential by
UW because I have statutory privilege under state law. If Clery guidelines (or the interpretation of those guidelines) is requiring you to do something that state law prohibits, you may need a legal opinion to finally sort it out.
Good luck!
--
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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From: Susan Stahley []
Sent: Thursday, August 11, 2016 9:20 AM
To: Kirkland, Connie J.
Cc: Jill Perry;
Subject: Re: Please post on List serve
I echo what Connie shared, same process here at Rider University. We are not required to report any specific identifying information, only but that the incident occurred.
Susan E. Stahley, MSW
Prevention Education Coordinator
Alcohol/Drug & Sexual Assault Prevention (ASAP)
Rider University - Student Health Services
2083 Lawrenceville Road
Lawrenceville, NJ 08648-3099
O:609-895-5721 F:609-895-5682
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On Thu, Aug 11, 2016 at 10:25 AM, Kirkland, Connie J. <> wrote:
Jill,
According to the new Clery Handbook, 4-3 and 4-4, Health Center Directors are included, but remember that Clery only asks for reports and only for demographics,
not names and Clery does not require an investigation. There are really only two categories for Clery – those who are CSAs (mandatory reporters) and those who are confidential. I’m not sure what voluntary reporters means… maybe confidential? Confidential
units on a college/university need to be decided by top administrators. But even then, as here at NOVA, our confidential sexual assault advocates are required to and do submit demographic information to our Clery Compliance Office for inclusion in the yearly
report. It is important for those who read Clery data to see a real picture of numbers, not just those cases reported to police. Real numbers help with funding, help with recognition that crimes are occurring, and shows how some students/employees report
to confidential groups when they do not choose to report to police. I hope that is helpful.
Connie
Connie J. Kirkland, MA, NCC, CTS
Director, NOVACares
Manager, Sexual Assault Services
Northern Virginia Community College
7630 Little River Turnpike, Suite 300
Annandale, VA 22003
703.323.2136 office
571.422.5339 cell
www.nvcc.edu/novacares
From: Jill Perry [mailto:]
Sent: Wednesday, August 10, 2016 4:24 PM
To:
Subject: Please post on List serve
I have just been informed by our Campus Police chief that, as Director of Health Services, I am a mandated reporter under the new Clery guidelines. I provide direct nursing care
to students and I supervise both medical and counseling staff. Reporting, even anonymously, is in conflict with my professional ethics and state licensing board. We serve a small population, approximately 1200 students, so a “timely warning” would undermine
the confidentiality of our services. Can someone offer guidance on this matter? Prior to this, Health and Wellness staff members were classified as voluntary reporters only, not mandated.
Jill O. Perry,
RN, MSN
’09 (She/Her/Hers)
Director
Health and Wellness Services
704-337-2387 | office
704-337-2333 | fax
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