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Re: Mandatory Reporting to Off-Campus Police Isn’t the Solution to Campus Sexual Violence


Chronological Thread 
  • From: "S. Daniel Carter" <>
  • To: Brett Sokolow <>, "" <>
  • Subject: Re: Mandatory Reporting to Off-Campus Police Isn’t the Solution to Campus Sexual Violence
  • Date: Thu, 22 Feb 2018 18:46:26 -0500
  • Authentication-results: fort02.mail.virginia.edu; spf=pass (virginia.edu: domain of designates 209.85.161.176 as permitted sender)

To Brett & Others,

 

I wholeheartedly agree with Brett’s assessment. This is a dangerous bill from intent to construction.

 

One of the things I heard about the committee hearing where it was sent to the Utah state House floor was that there were no statistics cited by those in opposition. Given that it is roughly similar to Virginia’s law, enacted after the Rolling Stone article, I was wondering if anybody is aware of data on how that law has impacted reporting?

 

Also, I’m trying to put together some organized resistance to it in Utah. Is there anybody on this list from the state, or who knows colleagues there, who would be interested in passing along feedback to the legislature?

--

S. Daniel Carter, President

Safety Advisors for Educational Campuses, LLC

Inspire - Engage - Equip - Empower

http://safecampuses.biz

P.O. Box 2019, Thomson, GA 30824

202-684-6471 | Fax 706-522-9196

 

 

From: <> on behalf of Brett Sokolow <>
Reply-To: Brett Sokolow <>
Date: Sunday, February 18, 2018 at 11:23 AM
To: "" <>
Subject: Re: Mandatory Reporting to Off-Campus Police Isn’t the Solution to Campus Sexual Violence

 

The standard might make more sense as “emergency” rather than articulable threat, but it still would create a potential slippery slope. And, the bizarre thing in all these bills is the assumption that survivors cannot go to the police directly themselves, somehow, and that a school should paternalistically step into that role. I think, arguably, there is already a duty to notify law enforcement of jurisdiction (campus or local law enforcement) in emergencies, either in fact or in practice in most states. Any bill that seeks to lower the threshold for campus reporting will likely have exactly the effect that this blog asserts. “Articulable threat” is a somewhat meaningless standard as well (of course, so can “emergency” be if not defined). In some states and the proposed HEA, this is a cynical attempt at different levels and in different ways to create a poison pill to the effectiveness of Title IX.

 

Regards, 

Brett A. Sokolow

Brett A. Sokolow, Esq.

Attorney-at-Law

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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, Title IX Today

 

1109 Lancaster Avenue

Berwyn, PA 19312

Tel. (610) 993-0229 

Fax (610) 993-0228

 

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The NCHERM Group, LLC serves as legal counsel/advisor to 75 campuses and is the leading investigations firm serving higher education.

 

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From: <> on behalf of "S. Daniel Carter" <>
Reply-To: "S. Daniel Carter" <>
Date: Saturday, February 17, 2018 at 7:58 PM
To: "" <>
Subject: Mandatory Reporting to Off-Campus Police Isn’t the Solution to Campus Sexual Violence

 

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