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UNIVERSITY OF FLORIDA

OFFICE OF INTERNAL AUDIT

CONFIDENTIAL

INVESTIGATION REPORT
INV-17-01

STUDENT AFFAIRS
OFFICE OF STUDENT CONDUCT AND CONFLICT RESOLUTION
CONFLICT OF INTEREST
DECEMBER 14, 2016

UNIVERSITY OF FLORIDA
CONFIDENTIAL
STUDENT AFFAIRS
OFFICE OF STUDENT CONDUCT AND CONFLICT RESOLUTION
CONFLICT OF INTEREST
DECEMBER 14, 2016
TABLE OF CONTENTS
ITEM

PAGE

INVESTIGATIVE SUMMARY -------------------------------------------------------

BACKGROUND AND SUMMARY OF ALLEGATIONS -----------------------

INVESTIGATION PROCEDURES AND DETAILS

Allegation ----------------------------------------------------------------------------ATTACHMENTS
Attachment 1:

NCHERM Webpage

Attachment 2:

ATIXA Webpage

Attachment 3:

NCHERM CR Webpage

Attachment 4:

Loschiavo DOAFI FY 2012

Attachment 5:

Loschiavo DOAFI FY 2013

Attachment 6:

Loschiavo DOAFI FY 2014

Attachment 7:

Loschiavo DOAFI FY 2016

Attachment 8:

Loschiavo Time Gehring Academy, June 2014

Attachment 9:

Loschiavo Time Gehring Academy, July 2014

Attachment 10:

Loschiavo Time Gehring Academy, June 2016

Attachment 11:

St. Leo Consulting Contract Terms

Attachment 12:

Wake Forest Go Ahead Email

Attachment 13:

Loschiavo referring to UF employment as Other Full Time Job

Attachment 14:

Attorney in Title IX Case

Attachment 15:

Email Choosing Loschiavo as Hearing Officer

Attachment 16:

ASCAs Ethical Principles and Standards of Conduct

INV-17-01
December 14, 2016
Page 3
All six organizations share the same management team of Sokolow, Lewis, Schuster, and Swinton.
The NCHERM-CR website specifically lists Chris Loschiavo as a consultant:
Our Conflict Resolution Services consultants include talented practitioners, theorists and
researchers in restorative justice and conflict resolution systems, including Saunie
Schuster, J.D. of The NCHERM Group, Matt Gregory, Ph.D. of Louisiana State University,
Chris Loschiavo, J.D. of the University of Florida and Rick Olshak, M.S. of Illinois State
University. Additional consultants are available for training programs, large-scale
projects, and assessment services as needed. (Attachment 3)
Further review of the NCHERM Group linked websites/organizations also revealed that the
outside attorney noted in the concern,
Based on the information observed in the review of the NCHERM Group webpages, a review of
Mr. Loschiavos outside activities was initiated, including a review of emails from his
departmental email account related to NCHERM and his outside activities. The OIA reviewed
Mr. Loschiavos Disclosure of Outside Activities and Financial Interests (DOAFI) forms that were
in the Human Resource Services (HRS) imaging system. Mr. Loschiavo completed DOAFIs for
fiscal years 2012 (Attachment 4), 2013 (Attachment 5), 2014 (Attachment 6), and 2016
(Attachment 7); a DOAFI for FY 2015 was not located in the imaging system. A review of the
DOAFI forms revealed that Mr. Loschiavo disclosed his consulting relationship with NCHERM
to Student Affairs and to the university. Those disclosures revealed that Mr. Loschiavos stated
fee for the consulting performed through NCHERM was $6,000 per day, which would indicate
that his NCHERM relationship could be deemed financially material to his household.
The review of the DOAFIs also revealed that for two weeks per year, Mr. Loschiavo was an
instructor at the Gehring Academy, which is described as an intensive institute designed for
participants to learn through a competency-based model. The institute consists of multiple tracks
designed for specific training needs and operates twice a year. The Gehring Academy is sponsored
by the Association for Student Conduct Administration (ASCA), an organization of which Mr.
Loschiavo is a past president. In his disclosures regarding ASCA and the Gehring Academy, Mr.
Loschiavo noted that he is compensated for his Gehring Academy training sessions and states:
Vacation will be taken for Gehring Academy and for consulting. (FY 2014, 2016 DOAFIs)
A review of Mr. Loschiavos time reporting, however, revealed that for the Gehring Academy
dates June 22-28, 2014 (Attachment 8), July 13-19, 2014 (Attachment 9) and June 12-18, 2016
(Attachment 10) Mr. Loschiavo reported 40 hours of regular work with no vacation time being
recorded. Mr. Loschiavo reported regular hours and was compensated by the university while also
being compensated for teaching at the Gehring Academies, which is prohibited by UF policy. A
review of Mr. Loschiavos Outlook calendar noted that he was at the Gehring Academies during
these periods and a review of his email activity also substantively corroborated that he was at the
Gehring academies during these dates. A review of known out of office consulting or paid teaching
engagements by Mr. Loschiavo noted the following in regard to the use of vacation leave for paid
engagements:

NCHERM: The National Center for Higher Education Risk Management

Page 1 of 7

Attachment 01

Explore TNG
Consultants
Services
Resources
Events
Online Trainings

Subscribe
View Cart
Contact Us
Search

Click here to learn more about the CCC Program & Online Training Portal

Page 1
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8/22/2016

NCHERM: The National Center for Higher Education Risk Management

Page 4 of 7

Attachment 01

Brett A. Sokolow, J.D. President


& CEO

W. Scott Lewis, J.D.


Partner

Saundra K. Schuster, J.D.


Partner

Daniel C. Swinton, J.D., Ed.D


Managing Partner

The NCHERM Group is the umbrella for eight linked organizations which serve to advance holistic, proactive prevention and risk
management within K-12 schools and on college and university campuses. The NCHERM Group is both a law and consulting
practice that has served the education field for more than 15 years. As a law firm, The NCHERM Group represents more than
65 colleges and universities as outside counsel, making it one of the largest higher education-specific law practices in the country. As
a consulting group, The NCHERM Groups twenty-four consultants have provided services to more than 3,000 clients, giving it
unparalleled reach and impact on the field. The NCHERM Way has become the risk management touchstone for schools, colleges
and universities across the country. We invite you to learn more about The NCHERM Way by exploring our mission & story and our
site.

Risk Management Consultation and Expertise


Investigations, Compliance Audits and Assessments
Legal Representation and Retainers
Expert Witness and Litigation Services
Model Policies, Procedures and Publications
Training, Prevention and Professional Development

EXPERTISE
The NCHERM Group offers expertise for high-risk campus health and safety issues such as:

Sexual Misconduct
Sexual Harassment
Investigations
Problem Drinking
Conduct Training
Student Org. Risk Management
Psychological Distress
Student Suicide
Disruptive Students
Policy/Program Review
Culture Change Initiatives
Conduct Code Development
Campus Safety

Title IX, ADA and FERPA


Hazing
Behavioral Intervention
Red Flags Rule
Classroom Management
Enterprise Risk Management
Emergency Management
Clery Act Compliance
Strategic Prevention
Threat Assessment
Litigation Management
First Amendment
and more

The NCHERM Group/ATIXA One Policy, One Process Model

The NCHERM Group/ATIXA Model Policy and Procedure for Civil Rights Equity Grievance Resolution for all Faculty,
Students and Employees
The NCHERM Group and ATIXA have developed an approach called the One Policy, One Process
Model permitting all discrimination complaints (age, race, sex, gender, nationality, etc.) to be resolved using one institution-wide
policy, and one stand-alone resolution process, applied to all complaints involving faculty, students and staff. Visit our website to
learn more.

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NCHERM: The National Center for Higher Education Risk Management

Page 5 of 7

Attachment 01
ANNOUNCEMENTS
NaBITA issues statement on violence prevention in wake of Orlando tragedy
Read the statement authored by NaBITA President, Aaron Chip Reese, Ed.D. and Executive Director, Brian Van Brunt, Ed.D. and
learn how we can and must predict and prevent violence.
Click here to read the official press release.

Nightline interviews Sokolow on Title IX and amnesty policies


Brett A. Sokolow, Esq., President & CEO of The NCHERM Group, as well as Executive Director of ATIXA, was interviewed on
ABCs Nightline in a May 16, 2016 segment on Title IX and amnesty policies.

U.S. Departments of Education and Justice Release Joint Guidance to Help Schools Ensure the Civil Rights
of Transgender Students
The U.S. Departments of Education and Justice released joint guidance on May 13th, 2016 to help provide educators the information
they need to ensure that all students, including transgender students, can attend school in an environment free from discrimination
based on sex. The guidance explains that when students or their parents, as appropriate, notify a school that a student is transgender,
the school must treat the student consistent with the students gender identity. In addition to the Departments joint Title IX guidance,
the Department of Educations Office of Elementary and Secondary Education also released Examples of Policies and Emerging
Practices for Supporting Transgender Students, a compilation of policies and practices that schools across the country are already
using to support transgender students.

Introducing the Higher Education Risk Management Certification Institute


The Higher Education Risk Management Certification Institute (HERM-CI) is an intensive two-day immersion in The NCHERM
Way. Well teach you how to do what we do, and how to bring our proven techniques of holistic risk management home to your
campus. The NCHERM Group plan to host two regional HERM-CI events each year, in which you will receive certification in the
effective risk management practices that have made us the leader in the field. With issue after issue, The NCHERM Group has had
risk management structures in place well before those issues were top-of-mind for higher education. Our farsightedness isnt luck,
and weve designed this two-day certification curriculum specifically to prepare you for the legal environment of today, but more
importantly, for the challenges of tomorrow.
Temple University in Philadelphia, PA will host the first event on August 11 & 12, 2016.
Early bird registration ends July 1, 2016 and the registration deadline is August 5, 2016.
Click here to learn more and register.
Click here to read the official press release.

NOW OFFERING CIVIL RIGHTS INVESTIGATION CLINICAL SKILLS TRAINING (ONE OR TWO
DAYS)
Presented by Brett A. Sokolow and/or Saundra K. Schuster and/or W. Scott
Lewis and/or Daniel C. Swinton
Day One
Fully process and resolve a sexual harassment complaint (faculty-on-student).
Day Two
Report writing clinic. Day two can stand alone or be combined with day one to write the report based on the case study from day one.
Bring these trainings to your campus in 2016, or contact us to become a regional host site for the colleges in your area to participate
jointly. To learn more about our on-site training programs, visit our website or contact Kate Halligan, Executive Vice President for
Client Relations, at 610-579-3725.

ATIXA Communities of Practice: Broadening Membership Offerings to Reflect the Needs of the Field
In recognition of the immense changes to the practice of Title IX work over the last several years, ATIXA has created new
Communities of Practice for:

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NCHERM: The National Center for Higher Education Risk Management

Page 6 of 7

Attachment 01

Title IX Coordinators and Administrators


Investigators
Victim/Survivor Advocates & Prevention Educators
K-12 Educators and Administrators
Students.

Now available as new membership levels within ATIXA, the Communities of Practice offer a specialized home to meet the unique
needs of particular members practice areas or constituencies. These Communities of Practice recognize that stratified membership
pricing will allow more individuals to benefit from ATIXA membership, as well as facilitating and supporting the lively exchange of
information, resources and ongoing and dialogue around Title IX, sexual violence and gender equity. Expanding the base of those
who join and participate in ATIXA adds a broader range of member voices who will enhance the thriving ATIXA community and its
diversity of lenses and perspectives. By creating connections with other peers within a Community of Practice, participants have the
opportunity to discuss successes and challenges, identify trends and best practices and offer issue-specific guidance, all while
breaking down the barriers of isolation in their work.
Learn more about Communities of Practice here.
Read the official press release here.

The NCHERM Group Statement on the 2015 Fair Campus Act and 2015 Safe Campus Act
This statement addresses two bills now before Congress that seek to regulate campus sexual misconduct, the Fair Campus Act (FCA)
and the Safe Campus Act (SCA). The NCHERM Group and its affiliated organizations are strongly opposed to many of the
provisions in the Fair Campus and Safe Campus Acts, which aim to gut the protections afforded to students under Title IX, a federal
statute prohibiting sex discrimination in education.
Click here to read the full statement.
Click here to read the official press release.

ATIXA and Trivie Partner on App-Based Solution: U of Nine


U of Nine is an app-based solution to help colleges and universities educate students and employees about sexual violence, sexual
harassment, intimate partner violence and stalking. A cost-effective way to offer awareness and education content for audiences that
can be hard-to-reach.
U of Nine modules are quiz-based, and have been created by ATIXA, the Association of Title IX Administrators, in collaboration
with leading education quiz-based training app company, Trivie.
Experience U of Nine for yourself! Free 14-day trials available online at www.uofnine.com.
To learn more, click here.
To read the official press release, click here.

The 2015 ATIXA Whitepaper: The Challenge of Title IX Responses to Campus Relationship and Intimate
Partner Violence
This Whitepaper sets forth an in-depth exploration of the unique issues posed in addressing intimate partner violence on college
campuses, including facts and statistics; the importance of understanding and implementing an initial risk assessment; and the need to
develop a personalized safety plan for each person exposed to the risk of interpersonal violence. ATIXA is pleased to add a
recognized victims rights expert, Juliette Grimmett, as a co-author to this Whitepaper, whose insights have helped us to deepen our
understanding of this issue and its complexities.

Mandated Reporter Training for Employees: A Full-Service Online Training from ATIXA, Newly Revised
and Updated for 2015 To Comply with all New Federal Regulations
In early 2014, ATIXA heard your requests and introduced its original version of this training tool. Today, in response to the newest
rounds of federal regulation and guidance (VAWA Section 304 and the OCR Title IX Q&A from April 2014) and valuable feedback
from our current users, we have re-designed this tool to better meet the needs of your campus. Weve heard your requests for ATIXA
to update and create the tool you need, and now you can train your employees with ease, online. This online training is designed to
inform employees about their duty to report sexual abuse, sexual misconduct and other behaviors that fall under Title IX. Learn
more here.

NaBITA RELEASES 2015 WHITEPAPER

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8/22/2016

NCHERM Group senior


management

NCHERM Group senior


management

Search
Search

Saunie Schuster is an
NCHERM Group partner.
Mr.s' Gregory and Olshak are
also NCHERM consultants and
regularly communicate with
Chris Loschiavo directly via
email on both professional and
personal levels.

NCHERM disclosure

NCHERM disclosure

NCHERM and ASCA disclosures

Loschiavo stated that vacation would be taken for Gehring Academy and
consulting - review revealed that while he took vacation for NYU consulting he
did NOT take vacation for the two weeks he taught at the Gehring Academy See Attachment 8 and Attachment 9.

ASCA disclosure

Attachment 07

Page 1

Attachment 07

Page 2

Mr. Loschiavo notes that "...the two weeks I am out of the office for the
training academies will all be vacation time." A review of the hours
charged for the Gehring Academy in June 2016 (Attachment 10)
revealed that Mr. Loschiavo charged TEAMs time for those 40 hours,
no vacation time was charged.

Attachment 07

Page 3

Attachment 07

Page 4

NCHERM disclosure

Attachment 07

Page 5

Attachment 07

Page 6

Mr. Loschiavo notes that his consulting rate for the engagements he performs inment 07
the name NCHERM is $6,000 per day. This is a substantial hourly rate and
would indicate that his relationship with NCHERM could be financially material
to his household.

Page 7

ment 07

Page 8

Chris Loschiavo time for June 22-28, 2014


- per his DOAFI, he was teaching at the
Gehring Academy for ASCA and stated that
"Vacation will be taken for Gehring
Academy and for consulting" but regular
TEAMs time was taken for those dates.

Chris Loschiavo time for June 22-28, 2014


- per his DOAFI, he was teaching at the
Gehring Academy for ASCA and stated that
"Vacation will be taken for Gehring
Academy and for consulting" but regular
TEAMs time was taken for those dates.

Calendar shows Mr. Loschiavo at the Gehring


Academy

Chris Loschiavo time for July 13-19, 2014 per his DOAFI, he was teaching at the
Gehring Academy for ASCA and stated that
"Vacation will be taken for Gehring
Academy and for consulting" but regular
TEAMs time was taken for those dates.

Chris Loschiavo time for July 13-19, 2014 per his DOAFI, he was teaching at the
Gehring Academy for ASCA and stated that
"Vacation will be taken for Gehring
Academy and for consulting" but regular
TEAMs time was taken for those dates.

Calendar shows Mr. Loschiavo at the Gehring


Academy

For the dates June 13-17, 2016, Chris Loschiavo's calendar shows
he was at the Gehring academy. His approved DOAFI form indicates
that the Gehring dates should have been vacation but he charged
regular TEAMs time for these dates. While at Gehring, Loschiavo
was being compensated and should not have charged TEAMs time.
His sent emails indicate that he was at the academy on these dates.

Loschiavo instructing at Gehring Academy


on June 17, 2016 and should have
charged VAC and not TEAMs time. His
sent emails indicate that he was at the
academy on these dates.

Calendar shows Mr. Loschiavo at the Gehring


Academy

Attachment 11
Frank,Roger E
From:
Sent:
To:
Subject:
Attachments:

Chris Loschiavo
Thursday, February 25, 2016 10:49 AM
Ryan McDavis
RE: Report for St. Leo
image001.jpg.htm; image002.png.htm

Iamprettyclosetogettingthemmyinitialthoughts.

ChrisLoschiavo|AssociateDeanofStudentsandDirectorofStudentConductandConflictResolution/DeputyTitleIXCoordinatorfor
Students
UniversityofFlorida~DivisionofStudentAffairs
StudentConductandConflictResolution~DeanofStudentsOffice
202PeabodyHall~POBox114075
Gainesville,FL326114075
352.392.1261(office)
352.392.5566(fax)
chrisl@dso.ufl.edu

CONFIDENTIAL
InformationcontainedinthismessageispartofaneducationalrecordandisprotectedbytheFamilyEducationalRightsandPrivacyActof
1974.Thisinformationisbeingsharedwiththeaddressee(s)becauseoflegitimateeducationalinterest.Anyredisclosureofthis
informationmustbedoneinaccordancewithFERPAorthestudent'sconsent.Ifyouarenottheintendedrecipient,youareherebynotified
thatanydisclosure,copying,distributionorotheruseofthecontentsofthismessageisprohibited.Ifyouhavereceivedthismessagein
error,pleasenotifymebytelephoneorelectronicmail.

From: Ryan McDavis [mailto:ryan@ncherm.org]


Sent: Thursday, February 25, 2016 10:46 AM
To: Chris Loschiavo
Subject: Re: Report for St. Leo

Hereisthemainpartofthecontractyouwouldbepaid75%ofthe$5,000whenworkiscompleteandwhenwereceive
paymentfromtheclient,letmeknowifyouneedanythingelsefrommesir:

Thepartiesagreetothefollowing:ChrisLoschiavoofNCHERMwillconductanoffsitecodereviewofthecurrent
codeandproposednewcodeandmakesuggestededitsandrevisions.Reviseddocumentwillbeprovidedto
UniversitynolaterthanApril1,2016.

Thedatesofperformanceunderthiscontractare01/16/2016to04/01/2016.

Page 1

Attachment 11
TheUniversitywillpayNCHERM$5,000.OtherPaymentTerms:OptionalonsitevisitconsultationforChristovisitSt.
Leosisavailableat$7,000pereighthourday.OptionalinpersonconsultationhostedbyChrisis$400perhouror
fractionthereof.TheUniversitywillmakepaymentinfulltoTheNCHERMGroupLLConorbefore1/11/2016.

From:ChrisLoschiavo<chrisl@dso.ufl.edu>
Date:Thursday,February25,2016at10:14AM
To:RyanJMcDavis<ryan@ncherm.org>
Subject:RE:ReportforSt.Leo

DoyouhaveacopyofthefinalcontractwithSt.Leo?Ifso,canyousendtome?

ChrisLoschiavo|AssociateDeanofStudentsandDirectorofStudentConductandConflictResolution/DeputyTitleIXCoordinatorfor
Students
UniversityofFlorida~DivisionofStudentAffairs
StudentConductandConflictResolution~DeanofStudentsOffice
202PeabodyHall~POBox114075
Gainesville,FL326114075
352.392.1261(office)
352.392.5566(fax)
chrisl@dso.ufl.edu

CONFIDENTIAL
InformationcontainedinthismessageispartofaneducationalrecordandisprotectedbytheFamilyEducationalRightsandPrivacyActof
1974.Thisinformationisbeingsharedwiththeaddressee(s)becauseoflegitimateeducationalinterest.Anyredisclosureofthis
informationmustbedoneinaccordancewithFERPAorthestudent'sconsent.Ifyouarenottheintendedrecipient,youareherebynotified
thatanydisclosure,copying,distributionorotheruseofthecontentsofthismessageisprohibited.Ifyouhavereceivedthismessagein
error,pleasenotifymebytelephoneorelectronicmail.

From: Ryan McDavis [mailto:ryan@ncherm.org]


Sent: Tuesday, February 23, 2016 11:59 AM
To: Chris Loschiavo
Subject: Report for St. Leo

Doyouhaveacopyforthefileofthefinalproduct/reportthatyousenttoSt.Leoorwhenyoudosenditcanyoucopyme
please?Thanks!

RyanJ.McDavisMSL,MPA
VicePresidentforClientandMemberServices
TheNCHERMGroup,LLC
m

1109 Lancaster Avenue


Berwyn, PA 19312
Tel.(610)9930229ext1009
2

Page 2

Attachment 11-A
Frank,Roger E
From:
Sent:
To:
Subject:

Chris Loschiavo
Thursday, November 12, 2015 11:52 AM
Brett Sokolow (brett@ncherm.org)
FW: Code of Conduct Consulting

Potentialopportunityforconsulting.Seethreadbelow.Workingonsettingupatimetotalkwiththembutwantedtoloopyou
in.Istheresomeoneelseyouwantmetoloopinorworkwithwhentheserequestscomein?

ChrisLoschiavo,JD
AssociateDeanofStudentsandDirectorofStudentConductandConflictResolution
DeputyTitleIXCoordinatorforStudents
UniversityofFlorida
ASCAGehringAcademyChair2015and2016
202PeabodyHall
POBox114075
Gainesville,FL32611
Office:3523921261
Fax:3523925566
chrisl@dso.ufl.edu

NationalAwardWinningStudentConductandConflictResolutionProgram

GOGATORS!!!

CONFIDENTIAL
InformationcontainedinthismessageispartofaneducationalrecordandisprotectedbytheFamilyEducationalRightsandPrivacyActof
1974.Thisinformationisbeingsharedwiththeaddressee(s)becauseoflegitimateeducationalinterest.Anyredisclosureofthis
informationmustbedoneinaccordancewithFERPAorthestudent'sconsent.Ifyouarenottheintendedrecipient,youareherebynotified
thatanydisclosure,copying,distributionorotheruseofthecontentsofthismessageisprohibited.Ifyouhavereceivedthismessagein
error,pleasenotifymebytelephoneorelectronicmail.

From: Kristen Nash [mailto:Kristen.Nash@saintleo.edu]


Sent: Thursday, November 12, 2015 10:21 AM
To: Chris Loschiavo
Subject: RE: Code of Conduct Consulting

Thanksforthequickresponse.Ourbudgetwouldbearound$5000.

KristenNash
AssistantDirector,ResidenceLife
SaintLeoUniversity|UniversityCampus
DepartmentofCampusLife
33701StateRoad52
SaintLeo,FL335746665
(352)5888268office
kristen.nash@saintleo.edu
Youlllovethepersonyoubecomehere.

Page 1

Attachment 11-A
From:ChrisLoschiavo[mailto:chrisl@dso.ufl.edu]
Sent:Thursday,November12,20158:10AM
To:KristenNash<Kristen.Nash@saintleo.edu>
Subject:RE:CodeofConductConsulting

Iamcertainlywillingtoworkwithyouonreviewingyourcodeandconductprocess.Whatisyourbudget?Wecansetupatime
totalkmoredetails.

ChrisLoschiavo,JD
AssociateDeanofStudentsandDirectorofStudentConductandConflictResolution
DeputyTitleIXCoordinatorforStudents
UniversityofFlorida
ASCAGehringAcademyChair2015and2016
202PeabodyHall
POBox114075
Gainesville,FL32611
Office:3523921261
Fax:3523925566
chrisl@dso.ufl.edu

NationalAwardWinningStudentConductandConflictResolutionProgram

GOGATORS!!!

CONFIDENTIAL
InformationcontainedinthismessageispartofaneducationalrecordandisprotectedbytheFamilyEducationalRightsandPrivacyActof
1974.Thisinformationisbeingsharedwiththeaddressee(s)becauseoflegitimateeducationalinterest.Anyredisclosureofthis
informationmustbedoneinaccordancewithFERPAorthestudent'sconsent.Ifyouarenottheintendedrecipient,youareherebynotified
thatanydisclosure,copying,distributionorotheruseofthecontentsofthismessageisprohibited.Ifyouhavereceivedthismessagein
error,pleasenotifymebytelephoneorelectronicmail.

From: Kristen Nash [mailto:Kristen.Nash@saintleo.edu]


Sent: Wednesday, November 11, 2015 9:39 AM
To: Chris Loschiavo
Subject: Code of Conduct Consulting

HiChris,

Ihopethismessagefindsyouwell.YournamewasrecommendedbyLauraBennettasaconsultantforourcodeofconduct.I
wantedtoreachouttoyouandseeifthatissomethingyouwouldbeabletodo,aswellaspricing.Wearelookingfora
consultantwhowouldbeabletoreviewourcode,aswellasourconductprocesswiththelettersandformsweusealongthe
way.Letmeknowwhatquestionsyouhaveandifyouwouldbeabletoworkwithus.

Thankyouforyourtime,

KristenNash
AssistantDirector,ResidenceLife
SaintLeoUniversity|UniversityCampus
DepartmentofCampusLife
33701StateRoad52
SaintLeo,FL335746665
(352)5888268office
kristen.nash@saintleo.edu
2

Page 2

Attachment 12
Frank,Roger E
From:
Sent:
To:
Subject:
Attachments:

Chris Loschiavo
Monday, February 29, 2016 10:38 AM
'Ryan McDavis'
RE: Question: Code Review and Sanction Options
image001.png.htm; image002.jpg.htm

Sure.Letsgoaheadwithit.

From:RyanMcDavis[mailto:ryan@ncherm.org]
Sent:Monday,February29,201610:36AM
To:ChrisLoschiavo
Subject:Re:Question:CodeReviewandSanctionOptions
Redlinerevisioniswhatheissayingwouldyouliketomoveforwardwithit?Sothecontractwouldbe$5,000and$3,750wouldbe
yourcut.

RyanJ.McDavisMSL,MPA
VicePresidentforClientandMemberServices
TheNCHERMGroup,LLC
m

1109 Lancaster Avenue


Berwyn, PA 19312
Tel.(610)9930229ext1009
Mobile(610)2560986
Fax(610)9930228
www.ncherm.org
Ryan@ncherm.org

From:ChrisLoschiavo<chrisl@dso.ufl.edu>
Date:Monday,February29,2016at10:16AM
To:RyanJMcDavis<ryan@ncherm.org>
Subject:RE:Question:CodeReviewandSanctionOptions

Completerewriteorredline?IcanprobablydoitbyApril1(eitherway).

From:RyanMcDavis[mailto:ryan@ncherm.org]
Sent:Monday,February29,201610:16AM
To:ChrisLoschiavo
Subject:Re:Question:CodeReviewandSanctionOptions
HehassaidhewouldliketohaveitdonebyApril1orsoonerhowwouldyouliketoproceed?

RyanJ.McDavisMSL,MPA
VicePresidentforClientandMemberServices
1

Page 1

Attachment 12
TheNCHERMGroup,LLC
m

1109 Lancaster Avenue


Berwyn, PA 19312
Tel.(610)9930229ext1009
Mobile(610)2560986
Fax(610)9930228
www.ncherm.org
Ryan@ncherm.org

From:ChrisLoschiavo<chrisl@dso.ufl.edu>
Date:Monday,February29,2016at10:02AM
To:RyanJMcDavis<ryan@ncherm.org>
Subject:RE:Question:CodeReviewandSanctionOptions

Ithinkthisismoreofarewritebutyoucouldaskhimmorewhatheisthinking.Thatwilltakeseveralhoursprobably20orso
butIwontknowuntilItakeacloserlook.

From:RyanMcDavis[mailto:ryan@ncherm.org]
Sent:Monday,February29,20169:58AM
To:ChrisLoschiavo
Subject:Re:Question:CodeReviewandSanctionOptions
Isthismoreofaredlineorrewriteandhowmanyhoursdoyouseethistakingyou?IamworkingoncontactingAdamthisAM.

RyanJ.McDavisMSL,MPA
VicePresidentforClientandMemberServices
TheNCHERMGroup,LLC
m

1109 Lancaster Avenue


Berwyn, PA 19312
Tel.(610)9930229ext1009
Mobile(610)2560986
Fax(610)9930228
www.ncherm.org
Ryan@ncherm.org

From:ChrisLoschiavo<chrisl@dso.ufl.edu>
Date:Monday,February29,2016at8:40AM
To:RyanJMcDavis<ryan@ncherm.org>
Subject:RE:Question:CodeReviewandSanctionOptions

Whatishisdeadline?Thatwillprobablybethedecidingfactor.IknowheneededitquicklybutIcanprobablymakeitwork.
2

Page 2

Attachment 12

ChrisLoschiavo|AssociateDeanofStudentsandDirectorofStudentConductandConflictResolution/DeputyTitleIXCoordinatorfor
Students
UniversityofFlorida~DivisionofStudentAffairs
StudentConductandConflictResolution~DeanofStudentsOffice
202PeabodyHall~POBox114075
Gainesville,FL326114075
352.392.1261(office)
352.392.5566(fax)
chrisl@dso.ufl.edu

CONFIDENTIAL
InformationcontainedinthismessageispartofaneducationalrecordandisprotectedbytheFamilyEducationalRightsandPrivacyActof
1974.Thisinformationisbeingsharedwiththeaddressee(s)becauseoflegitimateeducationalinterest.Anyredisclosureofthis
informationmustbedoneinaccordancewithFERPAorthestudent'sconsent.Ifyouarenottheintendedrecipient,youareherebynotified
thatanydisclosure,copying,distributionorotheruseofthecontentsofthismessageisprohibited.Ifyouhavereceivedthismessagein
error,pleasenotifymebytelephoneorelectronicmail.

From: Ryan McDavis [mailto:ryan@ncherm.org]


Sent: Friday, February 26, 2016 11:08 PM
To: Chris Loschiavo
Subject: Re: Question: Code Review and Sanction Options

ItalkedtohimthisPMhisbudgetis$5,000forthisprojectareyouokwiththat?

RyanJ.McDavisMSL,MPA
VicePresidentforClientandMemberServices
TheNCHERMGroup,LLC
m

1109 Lancaster Avenue


Berwyn, PA 19312
Tel.(610)9930229ext1009
Mobile(610)2560986
Fax(610)9930228
www.ncherm.org
Ryan@ncherm.org

From:ChrisLoschiavo<chrisl@dso.ufl.edu>
Date:Tuesday,February23,2016at2:07PM
To:RyanJMcDavis<ryan@ncherm.org>
Subject:FW:Question:CodeReviewandSanctionOptions

Page 3

Attachment 12
FeelfreetocontactAdam.

ChrisLoschiavo|AssociateDeanofStudentsandDirectorofStudentConductandConflictResolution/DeputyTitleIXCoordinatorfor
Students
UniversityofFlorida~DivisionofStudentAffairs
StudentConductandConflictResolution~DeanofStudentsOffice
202PeabodyHall~POBox114075
Gainesville,FL326114075
352.392.1261(office)
352.392.5566(fax)
chrisl@dso.ufl.edu

CONFIDENTIAL
InformationcontainedinthismessageispartofaneducationalrecordandisprotectedbytheFamilyEducationalRightsandPrivacyActof
1974.Thisinformationisbeingsharedwiththeaddressee(s)becauseoflegitimateeducationalinterest.Anyredisclosureofthis
informationmustbedoneinaccordancewithFERPAorthestudent'sconsent.Ifyouarenottheintendedrecipient,youareherebynotified
thatanydisclosure,copying,distributionorotheruseofthecontentsofthismessageisprohibited.Ifyouhavereceivedthismessagein
error,pleasenotifymebytelephoneorelectronicmail.

From: Adam Goldstein [mailto:arg@wfu.edu]


Sent: Monday, February 22, 2016 6:25 PM
To: Chris Loschiavo
Subject: Re: Question: Code Review and Sanction Options

Yes Chris - please do. I'm ready to formalize an agreement and get started - thanks again.
Adam
-Adam Goldstein, PhD
Dean of Students and Associate Vice President
Campus Life
Wake Forest University
Winston-Salem, NC 27109
arg@wfu.edu
p 336.758.5226
f 336.758.4883

On Mon, Feb 22, 2016 at 3:57 PM, Chris Loschiavo <chrisl@dso.ufl.edu> wrote:
ThanksAdamfortheconversationandtheopportunity.Whatwewouldnormallydoatthistimeisstartworkingonthe
contractlogistics.RyanMcDavisfromNCHERMdoesthat.CanIpassonyouremailtohimtosetsomethingup?

ChrisLoschiavo|AssociateDeanofStudentsandDirectorofStudentConductandConflictResolution/DeputyTitleIXCoordinatorfor
Students
4

Page 4

Attachment 12
UniversityofFlorida~DivisionofStudentAffairs
StudentConductandConflictResolution~DeanofStudentsOffice
202PeabodyHall~POBox114075
Gainesville,FL326114075
352.392.1261(office)
352.392.5566(fax)
chrisl@dso.ufl.edu

CONFIDENTIAL
InformationcontainedinthismessageispartofaneducationalrecordandisprotectedbytheFamilyEducationalRightsandPrivacyActof
1974.Thisinformationisbeingsharedwiththeaddressee(s)becauseoflegitimateeducationalinterest.Anyredisclosureofthis
informationmustbedoneinaccordancewithFERPAorthestudent'sconsent.Ifyouarenottheintendedrecipient,youareherebynotified
thatanydisclosure,copying,distributionorotheruseofthecontentsofthismessageisprohibited.Ifyouhavereceivedthismessagein
error,pleasenotifymebytelephoneorelectronicmail.

From: Adam Goldstein [mailto:arg@wfu.edu]


Sent: Saturday, February 20, 2016 8:18 AM
To: Chris Loschiavo
Subject: Re: Question: Code Review and Sanction Options

Dear Chris,

Thanks for the call last night. I will send additional thoughts about code revision when I receive
them. Attached, please see the Code of Conduct in all its glory. Please let me know next steps re: contract,
rate, and estimated time frame given the concerns we discussed.

Page 5

Attachment 12
Primary tasks:
Code review/recommendations that separate academic from out-of-class misconduct;
aligns focus of conduct hearing/sanctioning with reason for violation;
takes strong academic population, care and concern for individual and their growth, private
institution, and out-of-class Honor Code into account;
identifies a range of sanction options within code, and
packaged sanction options separate from the code that we can work with
Looking forward to hearing from you -

Adam

Mission and Vision Statement

-Adam Goldstein, PhD


Dean of Students and Associate Vice President
Campus Life
Wake Forest University
Winston-Salem, NC 27109
arg@wfu.edu
p 336.758.5226
f 336.758.4883

On Thu, Feb 18, 2016 at 2:30 PM, Adam Goldstein <arg@wfu.edu> wrote:
Dear Chris,

I hope this message finds you well. I just left you a voicemail message with a request for your
advice/opinion. I am looking for someone that can do a solid review of our Student Conduct Code and make
6

Page 6

Attachment 12
recommendations for a range of sanction options. Unfortunately, I am hoping this can occur sooner (rather
than later), as the staff member I charged with this task has been unable to meet an established
deadline. Only silver lining... I can pay for these services.

I don't know if this is something you can/are willing to do - or if there is someone you can recommend. I
thought of Saunie, Scott, and Daniel -- but wanted to write you first.

Confidential NOTES: Wake Forest is a unique place - and my focus on learning centered conduct hearings
runs contrary to the presumptive sanctioning model that has been in place. I removed our fines (socially
unjust) and required community service (at request of our service office), but angered our Judicial Council
when doing so. The faculty on the body cited a 1971 document that stated they had authority... I have strong
support, but have damaged relationships with this important appeal body. We need to propose changes to
our home-grown code that further distinguishes the social misconduct process from the academic
misconduct process, while keeping the Honor Code (no deception) active in both. (I'm not at a State school
anymore...)

Please give me a call when you have the chance as I would love to hear your thoughts and need to initiate this
review with someone soon. Thanks -

Adam

-Adam Goldstein, PhD


Dean of Students and Associate Vice President
Campus Life
Wake Forest University
Winston-Salem, NC 27109
arg@wfu.edu
p 336.758.5226
f 336.758.4883

Page 7

Attachment 13
To:ChrisLoschiavo
Subject:Re:DearPresidentObama

Iamimpressedathowyouaredeliveringonyourpromises,andwiththedirectionASCAistaking(notthatanyonewould
believeme)thematically.
Idon'tthinkthelobbyingagainsttheNC/VAbillswaswellconsidered,butIcanalsoseehowitisvalueaddedforthemembers
tofeeltheassociationhastheirbacks.Ifearthemetamessagebeingsent(regardlessofwhatyouactuallywrote)isoneof
oppositiontostudentrights,whichisnotwhattheassociationshouldstandfor.Regardless,myopinionsaredebatable,andthat
doesnottakeawayfromtheFACTthatyou'veaddedmoretangiblevaluethananypresidentinASCA'shistory.
Mattwillgetallthecreditforthat,ofcourse:)

Hopefully,someday,I'llfeelIcanreturntofinanciallysupportingtheassociation.Fornow,notsponsoringhelpswiththelow
profile,andfrankly,IoptedoutoffoundationsupportoutofdisgustatTamara'swaronus.I'mnotsurehowtoconveytothe
Foundationthatifitsboardattacksus,IcannotsupporttheFoundation,butperhapssomeonewillmissourbigchequethisyear
andwonderwhy(doubtit).Regardless,IamproudtohaveyouinTheNCHERMGroupandadmireyoureffectivepresidential
leadershipforASCA.

Regards,
BrettA.Sokolow
BrettA.Sokolow,Esq.
AttorneyatLaw

President&CEO,TheNCHERMGroupLLC<www.ncherm.org>ExecutiveDirector,TheNationalBehavioralInterventionTeam
Association<www.nabita.org>ExecutiveDirector,TheAssociationofTitleIXAdministrators<www.atixa.org>Publisher,Student
AffairseNews<www.studentaffairsenews.com>

116E.KingSt.
Malvern,PA193552969
Tel.(610)9930229<tel:%28610%29%209930229>Fax(610)9930228<tel:%28610%29%209930228>TheNCHERMGroup,
LLCservesaslegalcounsel/advisorto35campuses<http://www.ncherm.org/services/legalrepresentation/>

On1/24/144:27PM,"ChrisLoschiavo"<chrisl@dso.ufl.edu>wrote:

>GoodandIthinkthelowprofilewillbegoodasthetideslowlychanges.
>Itrulybelievethatishappening,Iknowitisslowgoingbutthe
>conversationsarechanging.AsIhavesaidallalong,ifASCAcoulddo
>whatitneedstobedoing,peoplewillhaveverylittletogripeabout
>(althoughsomealwayswill).Ihaveproposedanideatotheboardthat
>wewillbediscussinginFebruarythatmayveryclearlychangeour
>directionasanassociationsostaytuned...inthemeantime,someof
>thenicestcommentsandfeedbackIhavegottenhasbeenfromthe
>loudestcriticssowe'llseehowthisplaysout.Thanksforyour
>continuedsupport.Iamverymuchlookingforwardtothetoneatthe
>conferenceandseeinghowpeoplerespondtowhatIthinkarepretty
>significantchangesinourAssociation.
>
2

Page 2

Attachment 13
>ChrisLoschiavo,JD
>AssociateDeanofStudentsandDirectorofStudentConductandConflict
>ResolutionDeputyTitleIXCoordinatorforStudentsUniversityof
>FloridaPresidentoftheAssociationforStudentConductAdministration
>(ASCA)
>20132014
>202PeabodyHall
>POBox114075
>Gainesville,FL32611
>Office:3523921261
>Fax:3523925566
>chrisl@dso.ufl.edu
>
>NationalAwardWinningStudentConductandConflictResolutionProgram
>
>GOGATORS!!!
>
>CONFIDENTIAL
>Informationcontainedinthismessageispartofaneducationalrecord
>andisprotectedbytheFamilyEducationalRightsandPrivacyActof
>1974.Thisinformationisbeingsharedwiththeaddressee(s)because
>oflegitimateeducationalinterest.Anyredisclosureofthis
>informationmustbedoneinaccordancewithFERPAorthestudent's
>consent.Ifyouarenottheintendedrecipient,youarehereby
>notifiedthatanydisclosure,copying,distributionorotheruseofthe
>contentsofthismessageisprohibited.Ifyouhavereceivedthis
>messageinerror,pleasenotifymebytelephoneorelectronicmail.
>
>
>OriginalMessage
>From:BrettSokolow[mailto:brett@ncherm.org]
>Sent:Friday,January24,20144:21PM
>To:ChrisLoschiavo
>Subject:Re:DearPresidentObama
>
>HiChris,
>
>Yes,briefly.IampresentingFriday,andwehaveareceptionthatnight.
>KeepingalowprofilesoastokeepthefocusonyouandMatt,not
>NCHERM.Theteamwillbethereinforce,ofcourse.
>
>
>Regards,
>BrettA.Sokolow
>BrettA.Sokolow,Esq.
>AttorneyatLaw
>
>
>President&CEO,TheNCHERMGroupLLC<www.ncherm.org>Executive
>Director,TheNationalBehavioralInterventionTeamAssociation
><www.nabita.org>ExecutiveDirector,TheAssociationofTitleIX
>Administrators<www.atixa.org>Publisher,StudentAffairseNews
3

Page 3

Attachment 13
><www.studentaffairsenews.com>
>
>116E.KingSt.
>Malvern,PA193552969
>Tel.(610)9930229<tel:%28610%29%209930229>Fax(610)9930228
><tel:%28610%29%209930228>TheNCHERMGroup,LLCservesaslegal
>counsel/advisorto35campuses
><http://www.ncherm.org/services/legalrepresentation/>
>
>
>
>
>
>
>On1/24/144:17PM,"ChrisLoschiavo"<chrisl@dso.ufl.edu>wrote:
>
>>Verynicelydone.Ihaveahardtimeseeinghowtheywillcomeup
>>withbestpracticesin90dayswithoutsomeonefromhighereducation
>>atthetableespeciallygivenasasocietywearehorribleatdealing
>>withtheseissues.Itwillbeinterestingtoseehowthisplaysout.
>>TheinterviewsIhavedoneonthishavereallyopenedthereporters
>>eyesonthenuancesofthisissuesothereisoveralltrulyalackof
>>information/education.WillIseeyouattheconference?
>>
>>ChrisLoschiavo,JD
>>AssociateDeanofStudentsandDirectorofStudentConductand
>>ConflictResolutionDeputyTitleIXCoordinatorforStudents
>>UniversityofFloridaPresidentoftheAssociationforStudentConduct
>>Administration
>>(ASCA)
>>20132014
>>202PeabodyHall
>>POBox114075
>>Gainesville,FL32611
>>Office:3523921261
>>Fax:3523925566
>>chrisl@dso.ufl.edu
>>
>>NationalAwardWinningStudentConductandConflictResolutionProgram
>>
>>GOGATORS!!!
>>
>>CONFIDENTIAL
>>Informationcontainedinthismessageispartofaneducationalrecord
>>andisprotectedbytheFamilyEducationalRightsandPrivacyActof
>>1974.Thisinformationisbeingsharedwiththeaddressee(s)because
>>oflegitimateeducationalinterest.Anyredisclosureofthis
>>informationmustbedoneinaccordancewithFERPAorthestudent's
>>consent.Ifyouarenottheintendedrecipient,youarehereby
>>notifiedthatanydisclosure,copying,distributionorotheruseof
>>thecontentsofthismessageisprohibited.Ifyouhavereceivedthis
>>messageinerror,pleasenotifymebytelephoneorelectronicmail.
4

Page 4

Attachment 13
>>
>>
>>OriginalMessage
>>From:studentjudicial@yahoogroups.com
>>[mailto:studentjudicial@yahoogroups.com]OnBehalfOfBrettSokolow
>>Sent:Friday,January24,20142:18PM
>>To:studentjudicial@yahoogroups.com
>>Subject:[ASCA]DearPresidentObama
>>
>>
>>PresidentBarackH.Obama
>>TheWhiteHouse
>>Washington,D.C.
>>
>>DearPresidentObama,
>>
>>I'vereadverycarefullyyourannouncementofataskforceoncampus
>>sexual
>>violence<http://atixa.org/wordpress/wpcontent/uploads/2012/01/sexual_
>>assault_report_12114.pdf>andthememorandumyousignedthisweek
>>toauthorizeit.It'sgoodtoknowthatthistopiccontinuestobea
>>priorityforyouradministration.Thegoalsseem,atfirstblush,
>>sufficientlynoble.Theyinclude:
>>
>>
>>1.Provideeducationalinstitutionswithbestpracticesfor
>>preventingandrespondingtorapeandsexualassault.
>>2.Buildonthefederalgovernment'senforcementeffortstoensure
>>thateducationalinstitutionscomplyfullywiththeirlegalobligations.
>>3.Improvetransparencyofthegovernment'senforcementactivities.
>>4.Increasethepublic'sawarenessofaninstitution'strackrecord
>>inaddressingrapeandsexualassault.
>>5.Enhancecoordinationamongfederalagenciestoholdschools
>>accountableiftheydonotconfrontsexualviolenceontheircampuses.
>>
>>I'msurethegovernmentofficialsyou'veappointedwillcallon
>>subjectmatterexpertssothattheworkofthetaskforceistrulymeaningful.
>>Asthetaskforceseekstolearnwhatrecommendationstomake(inthe
>>brief
>>90daywindowyouhavesetout),Ihopethatsomeoftheseideasmight
>>beamongthem:
>>
>>
>>*Bestpracticesforpreventionandresponseneedtobeseparate
>>goals.90%ofcampusresourcesexpendedonsexualviolenceare
>>expendedonresponse,withtoolittleinvestedinprevention.So,on
>>thepreventionfront,perhapsyourtaskforcemighttellcampus
>>presidentsthatpreventionspecificallyprimarypreventioncan
>>actuallybeeffectiveatmakingsexualviolencelessfrequent.They
>>aren'tconvincedofthis,andtheempiricalsupportisweak,sothey
>>spendtheirfewresourcesonresponse,forfearofbeingpublicly
>>slappedfornoncompliancebytheOfficeforCivil
5

Page 5

Attachment 13
>>Rights<http://www2.ed.gov/ocr>.
>>Itwillbehardwithin90daystofundstudiesthatwilldemonstrate
>>whatthepreventionbestpracticesare,andwhicharemosteffective
>>inspecificcontexts,butI'dfocusonapplicationsofbystander
>>engagement,socialnormativemarketing,environmentalmanagementand
>>engagingmenasalliesassomeofthemostpromising.Somecampuses
>>lackthewilltotacklethepreventionchallenge,thoughmosthave
>>sincerewillingnessandzeroresources.Fundingtheresearchonwhat
>>iseffectivewillconvincepresidentsthatpreventionisworththe
>>investment,andtheymaymoreefficientlyreallocateresourcesbetween
>>preventionandresponse.Themoreweeffectivelyprevent,thelesswe
>>havetoexpendonresponse.
>>
>>
>>*Bestpracticesforresponseareimportanttoidentifyaswell,but
>>alistofpracticesisworthlesswithouttheappropriatetraining.
>>Suchtrainingshould:1)ensurethatthoseonthefrontlinesof
>>campusintakeknowhowtoprovideaqualityresponsethatminimizes
>>secondaryandtertiaryvictimization,2)providetherightinformation
>>inacrisis,and
>>3)empowervictimstomakeaninformedchoiceaboutwhatisintheir
>>bestinterest.Rightnow,campuseslargelylackacultureof
>>training,andarealreadybombardedwithtrainingmandatesunderTitle
>>IXandthenewlyenacted(byyou,onMarch7th,2013)SaVE
>>Act<http://www.whitehouse.gov/thepressoffice/2013/03/07/remarkspres
>>i
>>den
>>tandvicepresidentsigningviolenceagainstwomenact>thatthey
>>tandvicepresidentsigningviolenceagainstwomenact>can't
>>meet.Campusesneedwellstaffedpreventionandresponseoffices,
>>equippedtotrainthousandsofstudentsandemployeesonwhattoknow,
>>whattodo,andwhototell.Thosemostlydon'texist,sohowwill
>>themessagesofyourtaskforceactuallybedelivered?
>>
>>
>>*Youwanttobuildonyouradministration'senforcementefforts.
>>Why?Doyoudoubtyouhaveourattention?Ispenttwelveyears(as
>>havemanyotheractivists)demandingthatcampusespayattentionto
>>thisissue,becauseuntilApril4,2011,theylargelydidnot.But,
>>asasharpcriticofthatfailure,Ineedyoutoknowthatyounow
>>havetheirattention.You'vehaditsinceAprilof2011.Ifcampuses
>>arenotmovingfastenoughtowardyourgoals,it'sbasedonalackof
>>resourcesandalackofclarityfromyourOCR.TheApril4th,2011
>>DearColleagueLetter
>>(DCL)<http://www2.ed.gov/about/offices/list/ocr/letters/colleague2011
>>0
>>4.p
>>df>raisedmorequestionsthanitanswered.I'mtold1,400ofthose
>>questionsweresubmittedlastyeartoOCRwhenitsolicitedqueries
>>foranFAQitintendedtopublish.Sincethen,crickets.1,400
>>campuseswanttoknowmore,todobetter,andtogetitright.Does
>>thatsoundslikecampusesdon'tcare?But,somehow,OCRistoobusy
6

Page 6

Attachment 13
>>enforcingTitleIXtoprovideguidance.Byallmeans,keepourfeet
>>tothefirewithenforcement,butmaybethetaskforceshouldaskthe
>>largerquestionofwhetherthecurrentenforcementschemeevenmakessense?
>>Until2011,OCRneverpublisheditsenforcementletters.Nowitdoes,
>>sothathelps.
>>But,ispubliclyslappingonecampusatatimethemosteffectiveway
>>toguideallcampusesthatarelookingforanswers?Tellingusthe
>>Montana
>>Resolution<http://www2.ed.gov/documents/pressreleases/montanamissoul
>>a
>>re
>>solutionagreement.pdf>wasa
>>blueprint<http://www2.ed.gov/documents/pressreleases/montanamissoula
>>letter.pdf>wasfine,butsticktoyourguns.Now,we'rebeingtold
>>it'snotablueprint.We'relookingforguidance,butwecan'tgeta
>>consistentvoicefromOCR.OCRsaysnewGuidanceiscoming,butin
>>whatform?
>>When?Dowereallyneedtobesurprised?Wemightpreparebetterand
>>complybetterifwehadsomenoticeofwhatthegovernmentwants.
>>LookatallthechangescampuseshavemadesinceAprilof2011.It's
>>themostdramaticissuespecificshiftI'veeverseeninhighereducation.
>>Tenyearsago,I'dhavedoubteditwouldeverhavebeenpossible.If
>>onelettercouldcreateatippingpoint,thinkofwhatregular
>>communications,webinars,conferencecalls,dialogueandtechnical
>>assistancecouldachieve?
>>
>>
>>*Thetaskforcewantstoimprovetransparencyofgovernment
>>enforcementactivities,whichsoundsbeneficial.Then,whydon't
>>campusesallknowwhatECRand
>>VCR<http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html>are?
>>Whata302
>>letter<http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html>is?
>>Sheddingsomelighttheremighthelp,sowhydosomecomplaintstoOCR
>>disappearintoablackholeindefinitely?Whyisn'tthereanonline
>>trackingsystemsothatcomplaintstatuscanbecheckedbythepublic,
>>andespeciallybyvictims,whowaitinwondersometimesforyears
>>beforetheygetadecisionfromOCR?Whydoesn'tOCRmaintaina
>>publiclysearchabledatabaseofitsownenforcementactions?WillOCR
>>interveneinspecificcasesastheyunfold,orisitcontenttouse
>>itsinvestigationpowersolelytopreventfutureviolations?Whydo
>>decisionsbysomeOCRofficesdiffersubstantivelyfromdecisionsfrom
>>otherOCRoffices?Iscentralizededitingof302lettersinDCreally
>>thatdifficulttoachieve?WhywastheMontanaResolutionsomuch
>>crisperinitslegalanalysisthanmostotherOCRresolutionletters?
>>WasthistheDOJinfluenceinthatinvestigation?Or,didDOJgotoo
>>far,andisOCR'sbackpedalonthe"blueprint"conceptasignalabout
>>thatordoesDOJstillconsideritablueprint?Yes,transparencyis
>>welcome.Morethan2,500civilrightsinvestigatorsandTitleIX
>>Coordinatorshavecomethroughourfourdaytrainingandcertification
>>programs<http://atixa.org/events/regionalevents/>sinceAugustof2011.
>>TheyjustfilledourtraininginNewOrleansnextweektocapacity.
7

Page 7

Attachment 13
>>They'renotjustlookingforCYAtrainingortocheckabox.They
>>investresourcesandfourstraightdaysoflisteninguntiltheyare
>>exhausted.
>>They'rekeenonlearninghowtogetTitleIXright.Theyattendevery
>>session.Theirquestionsarenonstop.It'seasytopaintcampuses
>>asineptataddressingsexualviolence,butIseeearnest,diligentefforts.
>>Theywanttocomplywithlaw.Theywanttodotherightthing.But,
>>whenFIRE's<http://thefire.org>voiceislouderthanOCR's,theycan't
>>distillthemessage.
>>
>>
>>*Increasingpublicawarenessofthetrackrecordofcampusesin
>>addressingsexualviolencesoundsvaluable.Willthegovernment
>>assesstheeffectivenessofourpreventionefforts?Willwebe
>>expectedtoassessourownprograms,andsharetheresultswith
>>Washington,similartotheselfassessmentwedofortheDrugFreeSchoolsandCampusesAct?
>>Ifso,thetimeisnowtomakesurethatisworkedintothe
>>regulationsfortheCampusSaVEAct.Howwillthegovernmentmeasure
>>thesuccessofresponse?Howshouldwe?Willwehavetodemonstrate
>>thattrainingwasprovided,orthattrainingwasdelivered,orthat
>>learningoutcomeswereattained?Willnewstatisticsorannual
>>reportsbemandated,wherecampusessharetheiraggregatedataon
>>campuscomplaintresolutions?Howwilltheeffectivenessofourremediesbeassessed?
>>Withhugesubstantialunderreportingbyvictims,howwillmeasuresof
>>theinstitution'strackrecordaccountforitsinabilitytoaddress
>>mostofwhathappensoncampus,forlackofreporting?Thepublicis
>>awareofcrimedataforcampusesnow,basedontheCleryAct,but
>>thosestatisticsdon'tactuallyexplainwhetheracampusissafeor
>>not.Arehighratescauseforworry,orcausetobelievethecampus
>>isbeingtransparentanddoingagoodjobofaddressingcrimes?How
>>willthepublicknowhowtomeasureoureffectivenesswhenwein
>>highereducationdon'treallyknowhowtodoso,orbywhatcriteria
>>wearetobecompared?
>>
>>
>>*Enhancedcoordinationofenforcementseemsunderway.KnowYour
>>IX<http://knowyourix.org>,EdAct
>>Now<https://www.change.org/organizations/ed_act_now>andothergroups
>>areusingsocialnetworkingtofileanunprecedentednumberof
>>complaintsagainstcollegesanduniversities.TheCleryActandTitle
>>IXclassactioncomplaintisnowacommonplace.Victimsareusing
>>TitleIX,CleryAct,TitleIVandpetitionstoOCRandDOJtokeepthe
>>heaton.And,wefeelit.Wehavetheimpetus.Whatweneedare
>>tools,resources,grants,studies,onlinetrainingcourses,prevention
>>curricula,governmentmomentumindevelopingthetechnologyof
>>prevention,trainertrainingopportunities,technicalassistance(like
>>theguidancewegetfrom
>>FPCO<http://www2.ed.gov/policy/gen/guid/fpco/index.html>onFERPA
>>wheneverweask),conferences,brochuretemplates,modelpolicies,
>>consistency,clarityandtransparency.Iseehighereducation,
>>finally,asreadyandwillingpartners.For15years,Ihavebeenone
>>ofthetoughestcriticsofthefailuresofmyfieldtoaddresssexual
8

Page 8

Attachment 13
>>violence.
>>Giventhathistory,mysenseofhighereducation'sreadinessmaycarry
>>someweight.Ifwearetotakethenextsteptogethertotransform
>>thefaceofsexualviolenceonourcampuses,let'sdoitina
>>wellinformed,intentionalpartnership.Thatmaytakemorethan90
>>days.Itmayrequirehighereducationtohaveaseatorseatsonthe
>>taskforce.Itwilltakeasustainedeffort.Idon'tdoubtthe
>>capacityandwillingnessofmyfieldtotakethison.I'mjustnot
>>sureaboutthegovernment,yet.
>>
>>Verytrulyyours,
>>[cid:4A81309D3E294B51B7D8DAE546557AED]
>>BrettA.Sokolow,Esq.
>>ExecutiveDirector
>>Seealso:TheNCHERMGroupandATIXAExecutiveSummaryoftheWhite
>>HouseAnnouncementand
>>Report<http://atixa.org/wordpress/wpcontent/uploads/2012/01/RapidRes
>>p
>>ons
>>eexecutivesummary.pdf>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>[Nontextportionsofthismessagehavebeenremoved]
>>
>>
>>
>>
>>
>>YahooGroupsLinks
>>
>><*>Tovisityourgroupontheweb,goto:
>>http://groups.yahoo.com/group/studentjudicial/
>>
>><*>Youremailsettings:
>>IndividualEmail|Traditional
9

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Attachment 13
>>
>><*>Tochangesettingsonlinegoto:
>>http://groups.yahoo.com/group/studentjudicial/join
>>(Yahoo!IDrequired)
>>
>><*>Tochangesettingsviaemail:
>>studentjudicialdigest@yahoogroups.com
>>studentjudicialfullfeatured@yahoogroups.com
>>
>><*>Tounsubscribefromthisgroup,sendanemailto:
>>studentjudicialunsubscribe@yahoogroups.com
>>
>><*>YouruseofYahooGroupsissubjectto:
>>http://info.yahoo.com/legal/us/yahoo/utos/terms/
>>
>

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Attachment 14

ChrisLoschiavo|AssociateDeanofStudentsandDirectorofStudentConductandConflictResolution/DeputyTitleIXCoordinatorfor
Students
UniversityofFlorida~DivisionofStudentAffairs
StudentConductandConflictResolution~DeanofStudentsOffice
202PeabodyHall~POBox114075
Gainesville,FL326114075
352.392.1261(office)
352.392.5566(fax)
chrisl@dso.ufl.edu

CONFIDENTIAL
InformationcontainedinthismessageispartofaneducationalrecordandisprotectedbytheFamilyEducationalRightsandPrivacyActof
1974.Thisinformationisbeingsharedwiththeaddressee(s)becauseoflegitimateeducationalinterest.Anyredisclosureofthis
informationmustbedoneinaccordancewithFERPAorthestudent'sconsent.Ifyouarenottheintendedrecipient,youareherebynotified
thatanydisclosure,copying,distributionorotheruseofthecontentsofthismessageisprohibited.Ifyouhavereceivedthismessagein
error,pleasenotifymebytelephoneorelectronicmail.

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Attachment 16

Ethical Principles and


Standards of Conduct
Preamble
The Association for Student Conduct Administration (ASCA) is an organization of professional
educators, many of whom hold responsibility for administering standards of student conduct
within colleges and universities. The membership of ASCA believes that a primary purpose for
the enforcement of such standards is to maintain and strengthen the ethical climate and to
promote the academic integrity of our institutions. Clearly articulated and consistently
administered standards of conduct form the basis for behavioral expectations within an
academic community. The enforcement of such standards should be accomplished in a manner
that protects the rights, health and safety of members of that community so that they may pursue
their educational goals without undue interference.
As a means of supporting our individual commitments to fairness, honesty, equity and
responsibility, the members of ASCA subscribe to the following ethical principles and standards
of conduct in their professional practice. Acceptance of membership in ASCA signifies that the
individual member agrees to adhere to the principles in this statement.
Use of This Statement
The purpose of this statement is to assist judicial affairs professionals in regulating their own
behavior by providing them with standards commonly held by practitioners in the field. These
standards may be useful in the daily practice of student judicial affairs work. Self-regulation is
preferred. However, if a professional observes conduct that may be contrary to established
principles, she/he is obligated to bring the matter to the attention of the person allegedly
committing the breach of ethics. If unethical conduct continues, the matter may be referred to the
offender's institution for appropriate action.
-------------------------------------------------------------------------------Ethical Principles and Standards of Conduct
Membership in ASCA implies agreement with and adherence to the following ethical
principles and standards of conduct:
1. Professional Responsibility.
Members have a responsibility to support both the general mission and goals of the
employing institution and the rights, privileges and responsibilities of the students
within that institution. Members shall make every effort to balance the developmental
and educational needs of students with the obligation of the institution to protect the
safety and welfare of the academic community.
2. Employment Obligations.
Acceptance of employment at an institution of higher education requires that members
accept the general mission and goals of the institution and agree to adhere to the terms

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Attachment 16

and conditions of the employment contract or letter of agreement for employment.


Members shall adhere to the lawful tenets of the employee handbook or similar
documents of the employing institution.
3. Legal Authority.
Members respect and acknowledge all lawful authority. Members refrain from conduct
involving dishonesty, fraud, deceit, misrepresentation or unlawful discrimination. ASCA
recognizes that legal issues are often ambiguous and members should seek the advice of
counsel as appropriate. Further, members shall demonstrate concern for the legal, social
codes and moral expectations of the communities in which they live and work even
when the dictates of one's conscience may require behavior as a private citizen which is
not in keeping with these codes/expectations.
4. Nondiscrimination.
Members shall conduct their professional duties and responsibilities in a manner that
complies fully with applicable law and demonstrates equal consideration to individuals
regardless of status or position. Members shall work to protect human rights and
promote an appreciation of diversity and pluralism in higher education. Members do
not engage in or tolerate harassment in any form nor do they enter into intimate
relationships with those for whom they have any disciplinary, supervisory, evaluative, or
instructional responsibility.
5. Treatment of Students.
Members shall treat all students with impartiality and accept all students as individuals,
each with rights and responsibilities, each with goals and needs; and seek to create and
maintain a campus climate in which learning and personal growth and development
take place. Further, members shall fully comply with the rules, regulations and
procedural guidelines of the institution in enforcing it's standards of conduct. Members
shall not exceed their express authority in taking such actions.
6. Development of Rules, Procedures and Standards.
Members shall strive to ensure that rules, procedures and standards for student conduct
on their respective campuses meet legal requirements for substantive and procedural
due process and reflect the general mission and goals of the institution. Further, they
shall follow established procedures in making changes in such regulations. Finally, any
such rules, procedures and standards shall reflect the commitment to equity, fairness,
honesty, trustworthiness and responsibility.
7. Student Behavior.
Members shall demonstrate and promote responsible behavior and seek to enhance the
responsibility that each student takes for his/her own actions. Members support the
principle of adherence to community standards and when those standards are violated,
the necessity of disciplinary interventions that contribute to the educational and
personal growth of the student. However, it is understood in situations where the
behavior of a student poses a risk to self or others, members must take action consistent
with applicable laws and the general mission and goals of the employing institution.

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Attachment 16

8. Conflict of Interest.
Members shall seek to avoid private interests, obligations and transactions which are or
appear to be in conflict of interest with the mission, goals, policies or regulations of their
employing institution. Members shall clearly distinguish between those public and
private statements and actions which represent their personal views and those which
represent the views of their employing institution. Further, if members are unable to
perform their duties and responsibilities in a fair and just manner due to prior
involvement with a party or parties, they shall remove themselves from the decision
making process.
9. Confidentiality.
Members ensure that confidentiality is maintained with respect to all privileged
communications and to educational and professional records considered confidential.
They inform all parties of the nature and/or limits of confidentiality. Members share
information only in accordance with institutional policies and relevant statutes, when
given informed consent, or when required to prevent personal harm to themselves or
others.
10. Accuracy of Information.
Members shall strive to assure that information provided for students, faculty,
employees and employers, colleagues and the public is accurate and is accompanied by
appropriate contextual material if needed.
11. References.
Members shall provide only appropriate information regarding student conduct when
providing references to potential employers, graduate schools or professional schools.
12. Limitations.
Members are expected to understand the limits of their professional competencies and
to refer students appropriately.
13. Supervision.
Members who have supervisory responsibilities shall clearly define job responsibilities
and regularly evaluate performance in accordance with institutional policies.
14. Professional Responsibilities.
Members shall maintain and enhance professional effectiveness by improving skills and
acquiring new knowledge so that they may better serve both their students and their
institutions. Further, members shall seek to become active, involved members of their
institutional communities and in professional associations and/or societies.
-------------------------------------------------------------------------------REVISED: January 1993
ASCA gratefully acknowledges the previous work on ethical principles and standards of
conduct of the National Association of Student Personnel Administrators and the
American College Personnel Association as well as the work of numerous professionals
throughout the country for their contributions toward the completion of this statement.

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