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

[Brett Sokolow <>]

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?

 

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 

 

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The NCHERM Group, LLC serves as legal counsel/advisor to 75 campuses

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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 [mailto:]
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.

 

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: 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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