1. Jennie Stewart, JD LSU Title IX Coordinator

2.  Support the person  Not to determine veracity of claim  Not to determine right of wrong victim reaction  Meet the person where they are and help them determine next steps  Educated, supported and informed decision making  May have multiple visits

3.  Generally, confidentiality is a policy to protect privacy  A privilege is a legally protected right to have information kept secret, with some exceptions  Never promise more than the law protects  The right of disclosure belongs to the survivor, not the Advisor or the college

4.  Balancing of interests  Courts want to hear all available evidence vs.  Justification for confidentiality:  “Private good”: to protect secrets and the development of trust between client and therapist/counselor  “Public good”: to encourage people to get help

6.  Title IX under the Educational Amendments Act (1972)  Dear Colleague Letter (2011)  Responsible Person/Employee  Education of Staff v. Responsible Person/Employees  Who should be a designated as a Responsible Person/Employee

7.  Crime Awareness and Campus Security Act (Clery Act, 1990)  Jeanne Clery  Requirements under Clery ◦ Record and report certain crime statistics ◦ Provide Timely Warnings ◦ Ensure the campus community is best informed ◦ Provide a 3-year at a glance comparison (ASR)

8.  Pastoral: A person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.  Professional Counselor: A person whose official responsibilities include providing mental health counseling to members of the institution’s community and who is function within their scope of the counselor’s license or certification.

9.  Family Educational Rights and Privacy Act (1974, Buckley Amendment)  Student Protections under FERPA ◦ Control disclosure of their “educational records” to others ◦ Inspect and review their “educational records” ◦ Seek amendments of “educational records  Timely Warnings

11.  Client is a victim of sexual abuse or assault  Counselor or advocate has 40 hours of training related to sexual assault  Counselor is employed by or volunteers for a rape crisis center

12.  Act 172 implemented in 2015 to establish safe havens on public campuses  BoR determines 1/1000 on campus  Implement for 2016-17 year  Must complete online training

14.  All communication between a survivor and a Confidential Advisor pertaining to an incident of sexual violence  All records kept by the Confidential Advisor in the course of providing services to the survivor ◦ Must be protected from the college  Fact that victim is receiving service

15.  Must be a student who has experienced sexual violence while enrolled at a higher education institution  Counseling unrelated to sexual violence while enrolled is NOT covered under the statute  If the student did experience sexual violence while enrolled, discussion of prior abuse is covered

16.  Must be employed by in institution of higher learning  Designated as CA even if otherwise a RE  Must be held out and identified as CA

17.  The Confidential Advisor must have: ◦ Completed the online training by BoR ◦ Provide certificate annually to Campus Coordinator ◦ Periodic training on:  campus administrative processes  interim protective measures and accommodations  complaint resolution procedures

18.  Consent form must be in writing and include:  The person or agency to whom is disclosure is made;  The purpose for which disclosure is made;  The nature of the information to be disclosed;  The right to inspect and copy the information disclosed  The consequences of a refusal to consent, if any  Expiration of consent  The right to revoke consent at any time

19.  May be revoked at any time  Must be in writing and witnessed  Effective when received by person authorized to make disclosures  Has no effect on disclosures already made

20.  Copy of consent form in file, with notation about any disclosures  Blanket consent of undisclosed information is not valid  Advance consent valid only if the nature of the information to be disclosed is specified in detail and the duration of the consent is indicated

21.  Very limited disclosures to college  Duty to warn  Abused and Neglected Child Reporting Act  Juvenile Court, in some cases  Abuse of elders and people with disabilities, in some cases

22.  Disclosure is limited to a monthly report of the number and type of incidents of sexual violence reported exclusively to the Confidential Advisor in order for the college to comply with Clery ◦ Only incidents not reported to college or campus security ◦ NO personal information

23.  Failure to disclose would result in a clear risk of serious physical injury to or death of the survivor or another person ◦ Suicide ◦ Violence against another person  DV/SA: risk must be imminent

24.  Victim of abuse or neglect is under the age of 18 and is abused by: ◦ Parent or person acting in the capacity of a parent (step-parent, guardian, etc.) ◦ Person living in the household with the victim; ◦ An immediate family member ◦ Boyfriend or girlfriend of the victim’s parent ◦ Person in a position of authority, such as a teacher, coach, scout leader, priest, minister

25.  How to ethically handle reporting requirement  Tell client before any communication that you are a mandated reporter  After disclosure, discuss consequences with client before making report  Wherever possible, make joint report with client  Never make report without telling client you are going to do so unless it would endanger the safety of the child

26.  Elder: 60 years old or older  Person with disabilities: 18-59 years old or older  Because of physical or mental dysfunction, unable to self-report  Respect self-determination for competent adults

27.  Physical Safety  Relocation  Option to report – police and institutional ◦ Ongoing or current  Option for medical care (on website)  Range of options for potential violation  Academic accommodations  Interim Measures  Can call TIX, PD or conduct, just don’t provide identifying info

28.  Jennie Stewart, JD LSU Title IX Coordinator 225-578-3918 jstewart@lsu.edu  Mary Treuting  Interim Campus Title IX Coordinator  maryt@lsua.edu