Dear Colleagues,
The Columbus Dispatch, my hometown newspaper, has been running a series of ”exposes” about how the colleges and universities in the state address questions regarding release of certain information. Mostly the questions involved athletes and involved travel info and job info. The responses were all over the place, with most institutions who refused to give up the information citing to FERPA. Some of the institutions provided the information saying it was a public record. This has set off quite a firestorm regarding “what constitutes a record” under FERPA.
Our state senator is calling for clarification and our state Attorney General is sending requests for clarification to the Dept. of Ed. But this issue is also receiving national attention, bolstered by the involvement of former Senator James Buckley, the original drafter of the legislation.
The new head of the Family Compliance Office, Paul Gammill, stated that he intends to meet with the NCAA reps to discuss better transparency in records, but what is badly needed is a comprehensive review of the law, the legislative intent and the application to practice.
The only time a federal court of appeals evaluated what constituted a “record” under FERPA was in 2002 when the Sixth Circuit ruled that student discipline records constitute a “record” under FERPA. The court stated that since the regs specify exceptions to FERPA, if a record was NOT identified as an exception, then it would be encompassed by the privacy provisions of the law.
So, do we look forward to greater specificity in the language of the law imposed by the Dept. of Ed., or to continued interpretative discretion on the part of the institutions?
Have a great weekend.
Saunie Schuster
Friday, August 21, 2009
Monday, August 17, 2009
Behavioral Intervention and Threat Assessment Association Annual Conference
FOR IMMEDIATE RELEASE -- August 17, 2009
Behavioral Intervention and Threat Assessment Association Annual Conference
Today, NaBITA (The National Behavioral Intervention Team Association) announced its 1st Annual Conference and Call for Programs. This two-day international conference will be hosted by the University of Texas at San Antonio from December 10-11, 2009. NaBITA is the national association for behavioral intervention and threat assessment teams operating to prevent violence in schools, on college campuses, and in workplaces.
Dr. Rick A. Myer, Professor of Counseling and Psychology at Duquesne University will give the Keynote address, entitled: "Crisis Intervention and Prevention: The Three `C's." NaBITA's 2009 President, Brett A. Sokolow, Esq., issued the following statement:
We think participants will appreciate the format of the NaBITA Annual Conference, which has been given much thought and consideration by the NaBITA Conference Committee. In addition to Dr. Myer's speech, the conference has three types of presentation slots: Featured Speakers, Concurrent Sessions, and Roundtables. There are three Featured Speaker sessions in addition to the Keynote. Ten Featured speakers have been invited to present by the conference committee based upon their prominence and contribution to the thought, theory, practice and evolution of behavioral intervention efforts. Their topics have been assigned to them, with the intention of creating a dynamic and progressive Institute-style curriculum for participants. These Featured Speakers include: W. Scott Lewis, J.D., Saundra K. Schuster, Esq., Carolyn Reinach Wolfe, Esq., Elizabeth Brody Gluck, Esq., Michael Dolan, Aaron Hark, Mitchell Levy, Ph.D., Brian Van Brunt, Ed.D., Brett A. Sokolow, Esq. and Rick A. Myer, Ph.D.
The conference committee also recognizes that expertise exists beyond the ten featured speakers, and has slated four concurrent sessions so that practitioners from schools, college campuses and workplaces can share their promising models, valuable experience and professional expertise with the participants. Click here to access the Call for Programs or visit www.nabita.org. NaBITA invites and encourages the submission of program proposals. The Call for Programs submission deadline is September 1st.
The conference planners have recognized that learning is more powerful when participants get a chance to digest and apply the concepts shared at a conference. As a result, the conference incorporates Roundtable and panel sessions, to engage participants interactively. There are Roundtable sessions at the end of each day. On the first day, participants will be able to join themed Roundtables facilitated by the Featured Speakers based on topics of interest. On the second day, there will be track-based roundtables facilitated by concurrent session presenters and then a Featured Speaker panel to close the conference.
The NaBITA conference, in addition to offering three types of presentations, is designed to allow participants to follow presentations in three tracks, by level of sophistication. NaBITA intends this conference to be relevant to all participants, whether they are just beginning a team, have one already established, or have been doing behavioral intervention well for years. The three tracks are Basic, Intermediate and Advanced, and participants may follow their track, or jump around to topics that interest them.
Conference registration is open and details are posted on the conference site at www.nabita.org/annualconference.html.
For more information, contact:
Samantha Dutill, Associate Executive Director
NaBITA
610.993.0229
samantha@nabita.org
www.nabita.org
Behavioral Intervention and Threat Assessment Association Annual Conference
Today, NaBITA (The National Behavioral Intervention Team Association) announced its 1st Annual Conference and Call for Programs. This two-day international conference will be hosted by the University of Texas at San Antonio from December 10-11, 2009. NaBITA is the national association for behavioral intervention and threat assessment teams operating to prevent violence in schools, on college campuses, and in workplaces.
Dr. Rick A. Myer, Professor of Counseling and Psychology at Duquesne University will give the Keynote address, entitled: "Crisis Intervention and Prevention: The Three `C's." NaBITA's 2009 President, Brett A. Sokolow, Esq., issued the following statement:
We think participants will appreciate the format of the NaBITA Annual Conference, which has been given much thought and consideration by the NaBITA Conference Committee. In addition to Dr. Myer's speech, the conference has three types of presentation slots: Featured Speakers, Concurrent Sessions, and Roundtables. There are three Featured Speaker sessions in addition to the Keynote. Ten Featured speakers have been invited to present by the conference committee based upon their prominence and contribution to the thought, theory, practice and evolution of behavioral intervention efforts. Their topics have been assigned to them, with the intention of creating a dynamic and progressive Institute-style curriculum for participants. These Featured Speakers include: W. Scott Lewis, J.D., Saundra K. Schuster, Esq., Carolyn Reinach Wolfe, Esq., Elizabeth Brody Gluck, Esq., Michael Dolan, Aaron Hark, Mitchell Levy, Ph.D., Brian Van Brunt, Ed.D., Brett A. Sokolow, Esq. and Rick A. Myer, Ph.D.
The conference committee also recognizes that expertise exists beyond the ten featured speakers, and has slated four concurrent sessions so that practitioners from schools, college campuses and workplaces can share their promising models, valuable experience and professional expertise with the participants. Click here to access the Call for Programs or visit www.nabita.org. NaBITA invites and encourages the submission of program proposals. The Call for Programs submission deadline is September 1st.
The conference planners have recognized that learning is more powerful when participants get a chance to digest and apply the concepts shared at a conference. As a result, the conference incorporates Roundtable and panel sessions, to engage participants interactively. There are Roundtable sessions at the end of each day. On the first day, participants will be able to join themed Roundtables facilitated by the Featured Speakers based on topics of interest. On the second day, there will be track-based roundtables facilitated by concurrent session presenters and then a Featured Speaker panel to close the conference.
The NaBITA conference, in addition to offering three types of presentations, is designed to allow participants to follow presentations in three tracks, by level of sophistication. NaBITA intends this conference to be relevant to all participants, whether they are just beginning a team, have one already established, or have been doing behavioral intervention well for years. The three tracks are Basic, Intermediate and Advanced, and participants may follow their track, or jump around to topics that interest them.
Conference registration is open and details are posted on the conference site at www.nabita.org/annualconference.html.
For more information, contact:
Samantha Dutill, Associate Executive Director
NaBITA
610.993.0229
samantha@nabita.org
www.nabita.org
Wednesday, August 12, 2009
OCR, Title IX and Juicy Campus
Colleagues,
Many of you are following the stories on the OCR investigation of Hofstra regarding harassment of a student that occurred on the defunct JuicyCampus website. I've been talking yesterday and today to Wendy Murphy, the lawyer who filed the complaint, to get more insight. I've made a FOIA request for the OCR letter and will share it as soon as I get it. Anyone have a copy already?
The substance concerns whether colleges and universities will be required to remedy gender discrimination of a student occurring on 3rd party Internet sites not owned or controlled by the institution. Wendy's interpretation is that by making a finding on the complaint (no Title IX violation by Hofstra), the OCR believes it has jurisdiction over online harassment of a student. The OCR itself has today declaimed that reading of its finding, instead saying it found no violation, and nothing more. Security-on-Campus, of course, disputes the OCR characterization, and believes this is a landmark ruling.
There is no authority in Title IX for such an action, but OCR does essentially make law with its administrative rulings. Harassment must be within a program of a funding recipient to come under OCR jurisdiction, and 3rd party Internet sites don't meet that requirement. And only the most egregious of Internet harassment could rise to the level of being severe, pervasive and objectively offensive enough to overcome the 1st Amendment rights of the speaker. I could see a requirement to address harassment occurring on a campus network, or by university email, as being within OCR's jurisdiction programmatically. I could see an argument that harassment occurring in a university-sponsored Second Life could be seen as occurring within the programs of a funding recipient. I could even see OCR weighing in on a campus remedy of such discrimination, if the campus exercised its conduct jurisdiction to do so, even if Title IX did not require it to. How OCR saw a nexus between the harassment and Hofstra will hopefully be illuminated by the letter.
I'll share more about this case when I know more...
Here are some relevant articles:
http://www.securityoncampus.org/index.php?view=article&id=2027%3Acampuses-wont-be-so-juicy-this-fall&option=com_content&Itemid=79
August 11, 2009, 10:00 AM ET
And, this article, posted by blog to the Chronicle of Higher Education
Education Dept. Disputes Nonprofit's View of New Internet Harassment Ruling
By Erica Hendry
The nonprofit group Security on Campus (http://www.securityoncampus.org/) issued a news release (http://www.securityoncampus.org/index.php?option=com_content&view=article&id=2027:campuses-wont-be-so-juicy-this-fall&catid=3:sexualassault&Itemid=79) this week about a U.S. Department of Education ruling that it said held institutions responsible under Title IX for responding to sexual harassment on the Internet. But the department says the ruling does not have those implications.
The ruling came out of the department's Office for Civil Rights in New York, which investigated Hofstra University, after a student complained the institution did not "appropriately address" her complaints about peers who made sexually explicit and sexist comments about her on the now-defunct (../../../article/JuicyCampus-Shuts-Down-Bla/1506) gossip Web site JuicyCampus.
According to a letter sent to the student's lawyer, Wendy Murphy, who is also a board member of the nonprofit, the office had "jurisdictional authority to investigate this complaint under Title IX," but found "insufficient evidence to conclude that the university failed to respond appropriately."
Ms. Murphy said the ruling indicated institutions could be similarly investigated or held responsible for violations of Title IX or sexual harassment on the Internet in the future.
Jim Bradshaw, a representative from the Office for Civil Rights (http://www.ed.gov/about/offices/list/ocr/reports-resources.html), said the office "would not characterize this as a "landmark ruling." He said the office found insufficient evidence of a violation of Title IX, and the findings should not be "interpreted beyond those parameters."
Regards,
Brett Sokolow
Many of you are following the stories on the OCR investigation of Hofstra regarding harassment of a student that occurred on the defunct JuicyCampus website. I've been talking yesterday and today to Wendy Murphy, the lawyer who filed the complaint, to get more insight. I've made a FOIA request for the OCR letter and will share it as soon as I get it. Anyone have a copy already?
The substance concerns whether colleges and universities will be required to remedy gender discrimination of a student occurring on 3rd party Internet sites not owned or controlled by the institution. Wendy's interpretation is that by making a finding on the complaint (no Title IX violation by Hofstra), the OCR believes it has jurisdiction over online harassment of a student. The OCR itself has today declaimed that reading of its finding, instead saying it found no violation, and nothing more. Security-on-Campus, of course, disputes the OCR characterization, and believes this is a landmark ruling.
There is no authority in Title IX for such an action, but OCR does essentially make law with its administrative rulings. Harassment must be within a program of a funding recipient to come under OCR jurisdiction, and 3rd party Internet sites don't meet that requirement. And only the most egregious of Internet harassment could rise to the level of being severe, pervasive and objectively offensive enough to overcome the 1st Amendment rights of the speaker. I could see a requirement to address harassment occurring on a campus network, or by university email, as being within OCR's jurisdiction programmatically. I could see an argument that harassment occurring in a university-sponsored Second Life could be seen as occurring within the programs of a funding recipient. I could even see OCR weighing in on a campus remedy of such discrimination, if the campus exercised its conduct jurisdiction to do so, even if Title IX did not require it to. How OCR saw a nexus between the harassment and Hofstra will hopefully be illuminated by the letter.
I'll share more about this case when I know more...
Here are some relevant articles:
http://www.securityoncampus.org/index.php?view=article&id=2027%3Acampuses-wont-be-so-juicy-this-fall&option=com_content&Itemid=79
August 11, 2009, 10:00 AM ET
And, this article, posted by blog to the Chronicle of Higher Education
Education Dept. Disputes Nonprofit's View of New Internet Harassment Ruling
By Erica Hendry
The nonprofit group Security on Campus (http://www.securityoncampus.org/) issued a news release (http://www.securityoncampus.org/index.php?option=com_content&view=article&id=2027:campuses-wont-be-so-juicy-this-fall&catid=3:sexualassault&Itemid=79) this week about a U.S. Department of Education ruling that it said held institutions responsible under Title IX for responding to sexual harassment on the Internet. But the department says the ruling does not have those implications.
The ruling came out of the department's Office for Civil Rights in New York, which investigated Hofstra University, after a student complained the institution did not "appropriately address" her complaints about peers who made sexually explicit and sexist comments about her on the now-defunct (../../../article/JuicyCampus-Shuts-Down-Bla/1506) gossip Web site JuicyCampus.
According to a letter sent to the student's lawyer, Wendy Murphy, who is also a board member of the nonprofit, the office had "jurisdictional authority to investigate this complaint under Title IX," but found "insufficient evidence to conclude that the university failed to respond appropriately."
Ms. Murphy said the ruling indicated institutions could be similarly investigated or held responsible for violations of Title IX or sexual harassment on the Internet in the future.
Jim Bradshaw, a representative from the Office for Civil Rights (http://www.ed.gov/about/offices/list/ocr/reports-resources.html), said the office "would not characterize this as a "landmark ruling." He said the office found insufficient evidence of a violation of Title IX, and the findings should not be "interpreted beyond those parameters."
Regards,
Brett Sokolow
Thursday, August 6, 2009
NCHERM Affiliated Consultant Carolyn Wolf Interviewed by ABC
Colleagues,
Please find the link to Carolyn's comments here
http://www.wjla.com/news/stories/0809/647102.html
Have a pleasant weekend.
Brett Sokolow
Please find the link to Carolyn's comments here
http://www.wjla.com/news/stories/0809/647102.html
Have a pleasant weekend.
Brett Sokolow
Monday, August 3, 2009
Special Announcements
This week, we are pleased to announce two pieces of news:
1. JOHN WESLEY LOWERY JOINS NCHERM
John Wesley Lowery, Ph.D. has joined NCHERM as an Affiliated Consultant.
John brings a wealth of expertise in legislative and regulatory mandates, compliance, student conduct and CAS standards.
Our first event featuring Dr. Lowery will be a webinar on the new Higher Education Reauthorization Act Final Regulations in December.
To learn more about Dr. Lowery, visit http://www.ncherm.org/consultants.html#JWL
2. The 1st Annual NaBITA Conference website is live. Registration is open, and the Call for Programs is posted. Please join us in San Antonio in December. For details, visit www.nabita.org
Regards,
Brett A. Sokolow, J.D.
1. JOHN WESLEY LOWERY JOINS NCHERM
John Wesley Lowery, Ph.D. has joined NCHERM as an Affiliated Consultant.
John brings a wealth of expertise in legislative and regulatory mandates, compliance, student conduct and CAS standards.
Our first event featuring Dr. Lowery will be a webinar on the new Higher Education Reauthorization Act Final Regulations in December.
To learn more about Dr. Lowery, visit http://www.ncherm.org/consultants.html#JWL
2. The 1st Annual NaBITA Conference website is live. Registration is open, and the Call for Programs is posted. Please join us in San Antonio in December. For details, visit www.nabita.org
Regards,
Brett A. Sokolow, J.D.
Saturday, August 1, 2009
Suicide Study
Colleagues,
Researchers from the University of Texas at Austin have published a study on student suicide that contains important insights.
The study is posted at http://www.nabita.org/documents/NewDataonNatureofSuicidalCrisis.pdf
Have a pleasant weekend.
Brett Sokolow
Researchers from the University of Texas at Austin have published a study on student suicide that contains important insights.
The study is posted at http://www.nabita.org/documents/NewDataonNatureofSuicidalCrisis.pdf
Have a pleasant weekend.
Brett Sokolow
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