Subject: Discussion List for campus-based and allied personnel working to end gender-based violence on campus.
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- From: Howard Kallem <>
- To: Carla Kupe-Arion <>, "" <>
- Subject: RE: Sharing Title IX Investigation Reports with the Parties and FERPA
- Date: Fri, 23 Feb 2018 14:19:01 +0000
- Accept-language: en-US
- Authentication-results: oit.duke.edu; spf=none
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This is a fairly common practice. We do something like this at Duke, although our investigative reports are limited to factual information (the analysis and findings are done by our hearing panel). Guidance from OCR recognizes the concept of a joint educational record – a record that pertains to more than one student, with all students involved allowed to see it. At the same time, OCR has said that the parties have to be given access to the information obtained during an investigation -- in many cases, a party may not have a full opportunity to understand the information obtained during the investigation without knowing the source, including the identities of the witnesses.
Howie Kallem Director, Title IX Compliance
From: [mailto:]
On Behalf Of Carla Kupe-Arion
Bonjour tout le monde!
I am in the process of restructuring our Title IX policies and procedures and a question arose. If we decide that, at the completion of the investigation, the report is shared with both the Complainant and Respondent before a final draft is submitted to our complaint resolution processing department, would that run afoul with FERPA? The report would contain summaries of all interviews (meaning the Complainant’s, the Respondent’s, and witnesses’), my analysis, (possibly, a credibility assessment analysis), and my recommended finding. The question of a possible FEPRA violation came up in regards to the names or other identifiers of the witnesses. And, the second question to that would be, IF there are no FERPA concerns in a Title IX context, would there be any for a non-Title IX complaint (i.e non-sexual harassment). Merci d’avance! (Sorry to those of you who will see this message more than once)
Warmest regards,
Carla Madeleine Kupe-Arion Associate General Counsel & Title IX Coordinator Office of Labor & Legal Affairs 9501 S.King Drive, ADM 318 Chicago, IL 60628 (773) 995-3582
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- Sharing Title IX Investigation Reports with the Parties and FERPA, Carla Kupe-Arion, 02/23/2018
- RE: Sharing Title IX Investigation Reports with the Parties and FERPA, Howard Kallem, 02/23/2018
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