The Law & Education

Today on The Law and Education Podcast, we step away from the chaos and confusion surrounding the Title IX litigation landscape and the August 1st implementation deadline to bring you an important conversation. Join host Betsy Smith, Director of Title IX Services at ICS, and Heath Eslinger, Cofounder of A Better Way (ABW) Athletics, for an enlightening discussion on Title IX and its impact on athletics. Betsy and Heath delve into how Title IX regulations influence the sporting world and the necessity of equipping coaches, parents, and athletes with the appropriate infrastructure, tools, and resources. They provide valuable insights and practical advice to help everyone involved in athletics achieve their goals and enjoy a positive sporting experience. The conversation also addresses the critical issue of hazing, offering guidance on training and prevention within the context of Title IX compliance. For a deeper understanding of the intersection between education, law, and athletics, and to learn how to foster a safer and more supportive environment for all athletes, be sure to tune in today!

Key Points From This Episode:

• An introduction to Heath, ABW Athletics, and his work in the sports and education space.
• The importance of training and preparation for coaches and sports leaders.
• Compliance versus real change and how we can better support our coaches.
• Reasons that education and sports leaders should be proactive rather than reactive.
• The realities of hazing, how damaging it can be, and why awareness is critical.
• Why tradition isn’t an acceptable excuse for unethical practices.
• The immense power of servant leadership, continuous learning, and humility.
• What it looks like for a coach to commit to the well-being of the athletes in their care.
• Practical advice for discussing difficult topics like hazing with young kids.
• Training and prevention guidelines for coaches and administrators in the context of Title IX.
• The profound impact coaches have on children (and why we need to take it seriously).
• A quick recap of the key takeaways from today’s conversation.

Links Mentioned in Today’s Episode:

A Better Way Athletics

Heath Eslinger on LinkedIn

Betsy Smith on LinkedIn

Betsy Smith LinkedIn Post for Title IX Professionals

Rituals Roadmap: The Human Way to Transform Everyday Routines into Workplace Magic

The Principle of the Path: How to Get from Where You Are to Where You Want to Be

ICS Lawyer

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

ICS Blog

Courtney Bullard on X

Learn about Becoming a Community Partner

Unfortunately, my predictions about the Title IX regulation outcomes in Texas were completely wrong! Today on The Law and Education Podcast, we are bringing you another Title IX update and sharing the strange changes that have happened. Tuning in, you’ll hear about what happened in Texas, learn everything you need to know about ‘the Kansas decision’, find out what schools (both litigation and non-litigation) have been impacted, and more! We even go through all the states that have not decided whether to follow 2020 or 2024 regulations and what that means for them. Finally, we discuss how ICS is handling all of these changes and supporting clients. Stay tuned for more updates and try to be agile through these strange times!

Key Points From This Episode:

• What we have been doing at ICS during the summer.
• A recap of what’s happened with Title IX changes since the last episode.
• How I was wrong about the Title IX outcome in Texas.
• What you need to know about ‘the Kansas decision’.
• What schools are impacted by these changes and what it mean for them.
• How ICS has organized the schools in non-litigation and litigation states.
• The litigation states without a decision yet.
• How the ICS is supporting clients and partners through these changes.

Links Mentioned in Today’s Episode:

Title IX Updates

Courtney Bullard on LinkedIn

ICS on LinkedIn

ICS Lawyer

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

ICS Blog

Courtney Bullard on X

Learn about Becoming a Community Partner

In the last episode of The Law and Higher Education Podcast, listeners were encouraged to take a vacation in light of the Title IX chaos and today, we are discussing why Title IX professionals should ‘pause’ while awaiting final outcomes. Tuning in, you’ll hear what happened over the summer at ICS, what has been happening with the Title IX regulations since the last episode, and how to handle this strange period in Title IX history. We encourage you to pause, wait, and see what happens instead of trying to react in real time to all of these changes. We even share some of our ICS Title IX training plans. To hear all this and even find out where to get updates on these litigation changes, be sure to press play now! 

Key Points From This Episode:

• What has been happening at ICS over the summer. 
• A recap of what’s been happening with the Title IX regulations. 
• What happened in the Kansas vs. US Department of Education case. 
• How to handle this period before rulings are made. 
• Why Title IX professionals should wait to see what happens. 
• The ICS plans for Title IX training in the near future. 
• Where to hear all of the updates on these litigation changes. 

Links Mentioned in Today’s Episode:

Real-time Title IX Updates 

ICS Lawyer

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

Courtney Bullard on X 

Learn about Becoming a Community Partner

On April 19th, the new Title IX Regulations were released by the Department of Education with an implementation deadline of August 1st. There is a lot of information in circulation which can be overwhelmingly stressful for those with boots on the ground. Tune in to this episode for advice on how to leverage the offerings, resources, and support available from ICS and others. Touching on the role of subject matter experts, we discuss how to approach the more nuanced areas of these regulations, policy support offered by ICS, and more. Don’t miss this informative episode!

Key Points From This Episode:

• The topic of this episode: the new Title IX Regulations released by the Department of Education.
• Acknowledging the stress that the new regulations add to those who are boots on the ground.
• A reminder that there are many offerings, resources, and support out there. 
• Advice for those navigating information around the recent regulations: allow the subject matter experts to take the lead.
• How to approach the nuanced areas of these regulations.
• Policy support that ICS is offering.
• What is included in the new 2024 trainings offered by ICS in response to the regulations to assist with effective implementation. 
• Advice to prevent the overwhelm.

Links Mentioned in Today’s Episode:

ICS Lawyer

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

ICS Blog

Courtney Bullard on X 

Learn about Becoming a Community Partner

In the last episode of 2023, we share a few ICS developments and updates, followed by some legal developments and updates in the Title IX world. Tuning in, you’ll hear key takeaways from the recent ICS retreat, reflections from changes that occurred in 2023, and updates to expect as we look ahead to the new year. Learn what to expect as we offer an overview of training and regulatory action in the new year, including many training opportunities not to be missed. Don’t miss this power-packed episode! 

• ICS developments and updates in 2023. 
• Reflections from the recent ICS team retreat. 
• Upcoming revisions of the ICS mission, values, and goal statement in January 2024. 
• Content included in ICS’s latest note from Courtney: a time for reflection and a note of gratitude.
• Reflecting on the first two ICS community partners. 
• Spring training opportunities including the Sixth Annual Year End Review.
• Live and in-person training to expect going forward. 
• The updated release date for the new Title IX regulations.
• What else was included in the updated legislative agenda for Fall of 2023. 
• Who will be impacted by the updates to 504. 
• Increased attention to the rise of antisemitism and islamophobia. 
• The ICS Blog on the Department of Education’s recent release of a Dear Colleague Letter on Title VI. 
• A big Title IX decision from the sixth circuit that has come down in the midst of recent activity. 
• A reminder to grab your spot in the year-end review. 
• Looking ahead to an action-packed training schedule for 2024. 

Links Mentioned in Today’s Episode:

Department of Education Reminds Schools of Their Obligations Under Title VI

Tennessee Technical College

Serenbe

University of the South

ICS Lawyer

Higher Ed Community Partner

K12 Community Partner

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

ICS Blog

Courtney Bullard on X 

Learn about Becoming a Community Partner

It's October 2023 and the long-awaited Title IX regulations remain a topic of anticipation and speculation. Back in May of 2023, the Department of Education and Office for Civil Rights projected that we'd see these new regulations this month. However, it seems highly unlikely that this timeline will be upheld. So where are we now? And when can we expect to see new Title IX regulations released? In today’s episode, we look back at what has happened thus far and where we might be going with these regulations. We get into the public comment period initiated by the Notice of Proposed Rulemaking, the thousands of comments the Office for Civil Rights is tasked with responding to, and the Office of Information and Regulatory Affairs (OIRA) review that is yet to be completed. Today’s episode also covers when we predict the new regulations will be released along with recommendations on what to do in the interim as you continue your compliance efforts. To hear all the latest on this topic and what to expect in the future, be sure to tune in!

Key Points From This Episode:

• Some updates on what has been happening at ICS.

• A quick rundown of our virtual and in-person training options.

• The new Title IX regulations that were set to be released in October of 2023.

• Assessing where we are now, in October 2023, and why we do not foresee the release of new Title IX regulations by the end of the month.

• How the Department of Education is empowered to draft and release regulations.

• A reminder of the draft rules, published in July of 2022, that amend the 2020 regulations.

• The 2020 Title IX regulations that we have been under for the past four academic years.

• An overview of the Notice of Proposed Rulemaking (NPRM) and how that initiated a public comment period under the Administrative Procedures Act (APA).

• How the Office for Civil Rights is tasked with responding to all comments submitted. 

• The final regulation that gets released and how it can be modified by public comments.

• Why we don’t expect either of the two announced regulations to be released this month: the Office of Information and Regulatory Affairs (OIRA) review that is yet to be done.

• An overview of what the OIRA review entails.

• Our prediction for when new regulations could be implemented in 2024.

• Recommendations on how to continue compliance efforts in the interim.

• Don’t forget to like, review, and subscribe to help us grow!

Links Mentioned in Today’s Episode:

Michaela Bland on LinkedIn

'Consider an Interim Title IX Coordinator for a Cost-Effective Solution'

ICS Contact Us Form

ICS Lawyer

ICS Blog

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

Courtney Bullard on X

Courtney Bullard Email

Betsy Smith, Director of Title IX Services at ICS, takes the role as host this episode and interviews Jared Smith -  former K12 administrator, ICS Client Relationship Specialist and her husband. Tuning in, you’ll hear about Jared’s experience in education leading up to his current role, and how he brings everything he learned there to his work. From his early perceptions of what Title IX encompasses to his view on effective discipline and more, Jared shares his practically informed perspective on Title IX compliance for K12. This conversation also serves as a word of encouragement for anyone working in the field and feeling alone. Alienation is common to the experience of those holding Title IX roles, and support is available despite the siloed nature of the job. Tune in for practical advice and powerful insights sure to improve your day-to-day compliance efforts. Thanks for listening to this unmissable episode!

Key Points From This Episode:

• Exciting changes with the Law & Education Podcast.
• Introducing Betsy Smith, Director of Title IX Services, who plays host to her husband, ICS employee Jared Smith.
• Jared’s role as a Client Relationship Specialist at ICS.
• What Jared considers the most rewarding thing about his experience in K-12.
• The hardest part of the role he used to occupy.
• His strategy for dealing with difficult parents.
• Jared’s role on the ground as an administrator in the Title IX space.
• Jared’s early perception that Title IX is only about athletics.
• A word of encouragement to those feeling alone in their Title IX work.
• Why having flow charts and steps set out was so helpful to Jared in implementing Title IX in a complex matter.
• What it was like to occupy a disciplinary role while providing Title IX Support.
• Building personal relationships with school kids.
• The importance of creating trust: having their best interests in mind.
• Why it’s easy to feel siloed within this work.
• An incentive for positive engagement using a fire alarm.

Links Mentioned in Today’s Episode:

Betsy Smith on LinkedIn

ICS Lawyer

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

ICS Blog

Courtney Bullard on Twitter

Courtney Bullard Email

Title IX prohibits sex-based discrimination in any educational institution and can be quite a tricky topic in faith-based schools. Today’s episode shares a recent webinar on this topic. In this webinar Brittany Gates, Title IX and Equity Specialist at ICS, shares her experience as a Title IX Coordinator at a faith-based school, exactly what Title IX is, how to claim a religious exemption under Title IX, and why defined religious values are imperative in these instances. We also discuss code of conduct behaviors in these types of schools, how a safe and healthy culture can be built, why Title IX discipline and school discipline are separate matters, and so much more. We even delve into sexual harassment reporting barriers and how to remove them before Brittany tells us how amnesty policies can assist in that, how to create effective prevention programming in faith-based schools, and why communication is key. Finally, we discuss the importance of having a good mindset, taking charge of what you can control, and being kind and supportive in these situations. You don’t want to miss out, so tune in now! 

Key Points From This Episode:

• Introducing the hosts of today’s webinar, Brittany Gates and Betsy Smith. 

• A brief overview of Brittany’s background in faith-based schools. 

• What Title IX is and who is exempt from certain aspects of it. 

• The ways a school can demonstrate that they are controlled by a religious organization. 

• How to be assured that your exemption applies. 

• The importance of knowing the religious values that guide faith-based schools. 

• How inconsistent code of conduct behaviors could overlap with Title IX. 

• How to build a safe and healthy culture to respond to Title IX matters in faith-based schools. 

• Why the school’s discipline process cannot be used outside of Title IX.

• Sexual harassment reporting barriers in faith-based schools and how to remove them.

• How to optimize amnesty policies so they can assist in removing reporting barriers. 

• The importance of open communication and how to demystify it in faith-based schools. 

• How to have healthy conversations on the topic of sex and sexuality.

• What building a healthy culture in faith-based campuses looks like. 

• Areas to consider for effective prevention programming: consent, bystander intervention, and being open about your policy.

• The importance of having a good mindset and not getting boxed-in, in the rules.

• The things you can be responsible for outside the realm of the schools’ rules. 

• Why you have to be kind, clear, and offer support.

• Why you should consider employee amnesty in faith-based schools. 

Links Mentioned in Today’s Episode:

Brittany Gates on LinkedIn

Betsy Smith on LinkedIn

Betsy Smith Email

Partner with us

ICS Lawyer

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

ICS Blog

Courtney Bullard on Twitter 

Courtney Bullard Email

As you are probably aware, the Department of Education has decided to delay the release of the amended Title IX regulations, originally planned for May, to October 2023. In this episode, we highlight some important things we need to be aware of in light of this news. We discuss the implications of this postponement; particularly as it aligns with the start of a new academic year and the urgency for compliance given that four years will have passed under the 2020 regulations. We emphasize the necessity of maintaining compliance efforts through training and support and we highlight some courses provided by ICS. We also talk about the importance of updating policies and procedures before providing suggestions for helpful resources and webinars. Tune in today to find out what you should be focusing on during this wait.

Key Points From This Episode:

• The topic of this podcast: what we should be doing while waiting for the postponed Title IX regulations.
• ICS is hiring: Title IX and Equity Specialist. 
• Some of the conferences that ICS will be attending in the summer.
• The importance of taking a break.
• Insight into the postponement of the updated Title IX regulations originally scheduled for May. 
• The fact that the updated regulations will now be released in a new academic year and how this relates to the slated time frame for their implementation.
• How the upcoming academic school year marks four years under the 2020 regulations and the urgency for compliance. 
• Why you need to be continuing your compliance efforts with training and support.
• Some of the courses that ICS offers.
• Why you should update your policies and procedures.
• Suggested resources and webinars and what you can look forward to from the podcast.

Links Mentioned in Today’s Episode:

Title IX and Equity Specialist job posting 

NACUA Annual Conference

ICS Events 

ICS Lawyer

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

ICS Blog

Courtney Bullard on Twitter 

Courtney Bullard Email 

We are still under the 2020 Title IX regulations, so it’s essential to get in compliance with them! During today’s conversation, your host, Courtney Bullard, unpacks the topic of emergency removals and administrative leave, and the surrounding procedures and regulations. Tune in to hear what coordinators are permitted to do, how to distinguish between disciplinary and supportive measures, and why it is so important to do an individualized safety and risk assessment to determine the threat level in question. Hear what ICS recommends for decision-making and involving a threat assessment team before we touch on the ongoing analysis to determine the appropriate measures to take. Join us today to stay informed on all this and more! Thanks for listening. 

Key Points From This Episode:

• Background on your host, Courtney Bullard.

• What you will learn if you revisit our first episode.

• Today’s topic: emergency removals and administrative leave under Title IX. 

• A reminder that we are currently under the 2020 Title IX regulations.

• An invitation to Diamond Level Community Partners to do our Level 2 Specialty Course.

• Who this episode is most relevant to: Title IX Coordinators, Deputy Title IX Coordinators, Student Affairs Professionals, and beyond.

• The formal Title IX process under 2020 regulations. 

• The limited follow-up coordinators are allowed to do. 

• Supportive measures and the surrounding requirements.

• Distinguishing between discipline and supportive measures.

• The individualized safety and risk assessment that must take place to determine the level of threat.

• Providing the opportunity to challenge an emergency removal.

• Why it is not recommended that the Title IX coordinator acts as an administrator if he or she is making the final decision.

• What emergency removals are for: emergencies and immediate threats.

• Highlighting that administrative leave is not intended for emergencies.

• The importance of involving a threat assessment team.

• Ongoing analysis to determine appropriate supportive measures that can be put in place.

• A recommendation to make sure there is something on Title IX included in your policies.

• What to expect next on this podcast.

Links Mentioned in Today’s Episode:

The Law and Education Podcast Episode 01: About This Podcast and Your Host, Courtney Bullard

ICS Lawyer

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

ICS Blog

Courtney Bullard on Twitter 

Courtney Bullard Email