https://padlet.com/krickerdinolfo/v4dglw60yoja Guidance and Counseling: Legal and Ethical Principles Course en-us 2019-01-20 21:45:34 UTC 2025-01-01 20:36:30 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322530559 2019-01-20 21:53:51 UTC https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322530559 krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322530859 2019-01-20 21:56:51 UTC https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322530859 krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322532439 Topic 1: Gun Violence

The AAU issues a statement on gun violence seeking federal action on three areas of concern.  The first area of concern was increasing gun control.  The second area of concern was addressing the need to take better care of the mentally ill.  The final area of concern was to address the negative impact of the current culture regarding gun violence displayed by contemporary media.  The AAU statement recognizes the inherent difficulty in addressing these issues due to the need to balance liberty and safety.

AAU (2013).  Statement on Gun Violence in America The Executive Committee of the Association of American Universities, on Behalf of the Association. Retrieved from: https://www.aau.edu/sites/default/files/AAU%20Files/AAU%20Documents/AAU-statement-on-gun-violence-in-America.pdf

Topic 2: Sexual Assault and Misconduct

The AAU has been using survey based research studies on sexual assault and misconduct to develop and inform its campus policies and programs.  The last climate survey was conducted in 2015 and addressed areas such as: education and training, student support, resources, and change measurements.  The next survey will be conducted in 2019.

AAU (2018).  Announces 2019 Survey on Sexual Assault and Misconduct. Retrieved from: https://www.aau.edu/newsroom/press-releases/aau-announces-2019-survey-sexual-assault-and-misconduct

]]> 2019-01-20 22:14:15 UTC https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322532439 krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322533474 Topic 1: Title IX

The AACC is currently working on developing proposed implementation policies and solutions regarding the proposed Title IX regulation changes which impact how universities and colleges deal with sexual harassment. The AACC summary statement addresses the upcoming changes regarding the following: definition of sexual harassment, reports/complaint procedures, due process requirements, standard of evidence, and safe harbors.

AACC (2018). AACC Summary of Proposed Title IX Regulations. Retrieved from: https://www.aacc.nche.edu/2018/11/29/aacc-summary-of-proposed-title-ix-regulations/

Topic 2: Immigration/DACA

The AACC Advocay page discuesses the implications of Preseident Trump rescinding the  Deferred Action for Childhood Arrivals (DACA) program back in September.  Baime and Hermes highlight the potential impact on the college education and future of undocumented "Dreamers" who came to the US as children and are currently pursuing higher education. The authors call for immediate legislation to be passed to protect these students.

Baime, D. & Hermes, J. (n.d.).  Pass Legislation to Protect DACA Recipients. Retrieved from: https://www.aacc.nche.edu/advocacy/immigration-and-daca/]]> 2019-01-20 22:26:15 UTC https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322533474 krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322543213 This article published by Education Drive discusses a lawsuit which alleges a that Dartmouth failed to address sexual harassment and assault over a 16 year period by three of its faultily members.  While denying allegations that it ignored the sexual misconduct complaints, Dartmouth acknowledges "an inappropriate level of fraternization, and inappropriate comments and contact" between the professors and students did exist. If aware of sexual misconduct, then the university would be in violation of Title IX and could face severe financial liability.

Schwartz, N. (2019). Dartmouth denies officials ignored sexual misconduct complaints. Education Drive. Retrieved from: https://www.educationdive.com/news/dartmouth-denies-officials-ignored-sexual-misconduct-complaints/546325/


]]> 2019-01-21 00:13:06 UTC https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322543213 krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322544157 The Supreme court is set to hear arguments over the Auger deference which gives federal agency great leeway over interpreting their own regulations. This decision could significantly impact the Dept. of Educations proposed changes to Title IX and how they are implemented by universities. Any ambiguity in regulation may no longer benefit from the Auger Deference. What this means to proposed Title IX changes such as: providing more rights the accused, narrowing types of cases colleges can investigate and limiting their jurisdiction is yet to be fully understood. The legal and ethical implications of both the Auger Deference and Title IX on sexual harassment and misconduct allegation will impact both investigation, implementation of policy, and various student sanctions.

Schwartz, N. (2019). 

Supreme Court decision could limit Ed Dept.'s power to regulate Title IX. Education Drive. Retrieved from: https://www.educationdive.com/news/supreme-court-decision-could-limit-ed-depts-power-to-regulate-title-ix/544669/

]]> 2019-01-21 00:22:02 UTC https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322544157 krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322545385 Sexual harassment and misconduct remains a hot topic with the news today. Given the impact the #ME TOO movement, the Department of Education's proposed changes to Title IX Regulations are poised to have a significant impact on how sexual harassment and misconduct is reported and investigated on collegiate campus's throughout the United States. Given the history of struggle woman have experience just to be believed, it is no wonder some of the Title IX proposed changes have created enormous concern.  However, our judicial system has always struggled to balance the rights of the alleged victim with the rights of the accused. The pendulum on whose rights are given more credibility continues to swing. One proposed Title IX change would grant more rights to the accused. Balancing the need to believe the victim, while remaining impartial in an investigation presents numerous challenges to any person. How these changes play out is of interest to me and the role collegiate staff will play in on-going and new sexual misconduct investigations. As my ultimate goal is to work as a collegiate counselor, Title IX will have an impact on my future role. As someone who has had to conduct preliminary investigations into sexual harassment allegation to determine if formal investigation is warranted, I am very interested in learning more about this issue and its future implications.]]> 2019-01-21 00:36:08 UTC https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322545385 krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322548194 McGowan, C. (2017). The threat of expulsion as unacceptable coercion: Title IX, due process, and coerced confession. Emory Law Journal. 66(5), 1175-1207. Retrieved from: http://eds.a.ebscohost.com.easydb.angelo.edu/eds/pdfviewer/pdfviewer?vid=2&sid=9608a0f6-d734-4837-882f-02954fa77d4b%40sessionmgr4007]]> 2019-01-21 00:58:20 UTC https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322548194 krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322548397 Fenwick, K. (2018). Why social workers should care about changes to title IX under trump. Social Work,  63(3), 269-271. Retrieved from: http://eds.a.ebscohost.com.easydb.angelo.edu/eds/command/detail?vid=5&sid=9eb9d042-ab51-451e-8460-1626756308e1%40sessionmgr4006]]> 2019-01-21 01:00:49 UTC https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322548397 krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322548768 Kreighbaum, A. (2018). What the devos title IX rule means for misconduct off campus. Inside Higher Ed. Retrieved from: https://www.insidehighered.com/news/2018/11/27/what-title-ix-plan-would-mean-misconduct-campus]]> 2019-01-21 01:05:06 UTC https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322548768 krickerdinolfo https://padlet.com/krickerdinolfo/v4dglw60yoja/wish/322549693 Title IX is important to educators as it creates a mandate for universities and other collegiate campus to protect their students from sexual harassment and misconduct and to report and investigate allegations of the same.  Educators at all levels are mandated reporters.  If a student disclosed that they were a victim of sexual harassment or misconduct, all faculty and staff are required by law to report the allegations.  Additionally, educators must understand that the environment (positive or negative) impacts a students learning.  An environment where a student experiences sexual harassment or feels unsafe, is detrimental to their academic success (Fenwick, 2018).  Finally, students involved in sexual misconduct investigations, whether the alleged victim or perpetrator, often find themselves experiences negative educational impacts.  They may miss classes to avoid confrontations, experience significant stress that causes academic decline, or face threats of suspension or expulsion (McGowan, 2017).

Students who experience sexual misconduct often find themselves not only trying to recover from the physical and/or psychological trauma of the event, but also must deal with legal, educational, and financial impacts which often result in the aftermath. Victims may find themselves pursing investigation and counseling after reporting the incident to campus police. However, depending on where the incident took place it may or may not be investigated. The alleged perpetrator my still attend classes with the victim. All these things can negatively impact a students academic career and performance (Fenwick, 2018). Additionally, when campus investigate allegations of sexual misconduct they must balance both victim rights and the rights of the accused. This balancing act can create unique ethical issues. The same body which is investigating the allegations is also passing judgement. Trying to ensure that both students are treated fairly by the university, while simultaneously conducting an impartial investigations, is challenging for any legal court, but when asking a university or other collegiate campus to do the same without the same level of experience can create ethical dilemmas (McGowan, 2017).

As my future goals would have me working on collegiate campus as a counselor, I need to be aware not only of my Title IX legal requirement, but also of the proposed changes to Title IX and what they will mean to the counselor-client relationship. Understanding that I am a mandated reporter, ensuring students also understand this and providing appropriate support when sexual misconduct occurs is critical to serving the student body.

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