STATE OF MICHIGAN
RICK SNYDER

DEPARTMENT OF HEALTH AND HUMAN SERVICES
LANSING

GOVERNOR

April 27, 2018
Tana Fedewa, LMSW
MSU Sexual Assault Program Director
207 Student Services Building
556 East Circle Drive
East Lansing, MI 48824
Dear Ms. Fedewa:
The Michigan State University Sexual Assault Program have been the recipient of
Federal Victims of Crime Act (VOCA) Funding administered by the Michigan
Department of Health and Human Services Division of Victim Services (DVS) since the
late 1980s.
As the fiduciary for these funds, I am writing to express concern regarding MSU’s
statement to the media on April 11, 2018 referencing a lawsuit filed by a victim of sexual
assault. This statement appears to disclose protected information about a victim of
sexual assault who received services from the Michigan State University Sexual Assault
Program. Federal privacy law and regulations that are standard terms and conditions for
VOCA grantees and sub grantees prohibit the disclosure or release of “any personally
identifying information or individual information collected in connection with VOCAfunded services requested, utilized, or denied . . .” 28 CFR 94.115.
As you are aware, DVS recently increased its investment of VOCA funding into
counseling and advocacy services for sexual assault survivors at MSU. The recent
incident brings into question MSU’s ability to provide safe and confidential services to
these victims, critical components essential to survivors’ healing and autonomy.
Accordingly, I have directed DVS staff to schedule:
•
•

An in-person site visit to gather information to determine the circumstances leading
up to and surrounding the April 11, 2018 disclosure.
An in-person site visit to review confidentiality policies and procedures including but
not limited to victim authorization to release information, response to information
requests from external and internal sources including legal counsel and/or public
relations professionals, electronic record keeping and communication policies
related to protected information, response to subpoenas and Freedom of Information
Act (FOIA) requests, and training and supervision practices to ensure execution of
these policies and procedures.

If necessary, corrective action may be required based on the results of the above.
It is my hope that this process will result in a shared understanding of MSU’s legal and
ethical obligations and DVS’s expectations for victims’ privacy and confidentiality.

NICK LYON
DIRECTOR

 In addition to the above efforts, I have also reached out to the federal VOCA
administering agency, the US Department of Justice, Office for Victims of Crime, to
inform them of this incident and to keep them posted as we move forward.
Thank you for your attention to this important matter. I look forward to our continued
work together.
Debi Cain

Acting Director
Division of Victim Services
cc: Carol Viventi, Vice President and Special Counsel to the President
Paula Kaiser VanDam, DHHS Bureau of Community Services
Dr. David Weismantel, Interim Executive Director of Student Health and Wellness