The Law & Education

What happens when a criminal investigation and a Title IX investigation happen at the same time? Today on the Law and Education Podcast, and in light of the recent Cornell case, we're rerunning a past episode on a parallel criminal and Title IX process. Joining us for this discussion is the Chief Innovation Officer at Institutional Compliance Solutions (ICS), Betsy Smith. Tuning in, you'll hear about Betsy's experience as a prosecutor in domestic violence cases and child sex crimes, how the criminal process works when someone has been accused of a crime versus how the civil process works, why these processes have to be run separately, and why the outcome of one cannot determine the outcome of the other. We delve into how Betsy thinks law enforcement and an institution can work together when interviewing a complainant to avoid retraumatizing them before discussing the challenges an SRO experiences in their dual role and mandatory reporting requirements for violations. Betsy goes on to discuss being guilty beyond a reasonable doubt versus being responsible, breaks down some important terms, and touches on what violations fall under Title IX. She also shares some advice for handling sexual harassment, domestic violence, and dating violence cases. Finally, our guest touches on the importance of learning more about the cycles of abuse and how it affects cases as a Title IX Coordinator. Thanks for listening!

Key Points From This Episode:

• An introduction to today's rerun episode and why it's being replayed.
• A brief overview of Betsy Smith's background as a former prosecutor.
• The difference between civil and criminal processes, and why they're separate.
• How the dismissal of criminal cases may (problematically) affect a civil case.
• Thoughts on how to interview victims sensitively to avoid retraumatizing them.
• How law enforcement and an institution can work together during a criminal/Title IX case.
• Why the role of an SRO feels like a dual role and the power of communication.
• The mandatory reporting requirements for a potential violation.
• Betsy shares the distinction between being responsible and being guilty.
• A breakdown of relevant legal terms and what they mean in these processes.
• Understanding Title IX violations and why defining sexual harassment can be complex.
• How the psychological effects of cycles of abuse may affect whether a victim complains.

Links Mentioned in Today's Episode:

Betsy Smith on LinkedIn

ICS

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

The national attention surrounding the Cornell case has brought renewed scrutiny to how universities handle sexual assault allegations, while also exposing widespread confusion about the Title IX process and how it differs from criminal proceedings. In this episode, we welcome ICS Chief Solutions Officer Celeste Bradley to unpack the Title IX process, using the attention surrounding the Cornell case as a starting point. We begin with updates from ICS and the launch of Before Campus, a new initiative focused on preparing students and parents for college life. From there, we explore how universities respond to reports of sexual harassment, the supportive measures that help students during the process, and a breakdown of how investigations are conducted. We also walk through what happens during a live Title IX hearing, the roles of hearing officers and advisors, and how decisions, sanctions, and appeals work. Throughout, we emphasize the importance of thorough documentation, fair procedures, and supporting everyone involved. Join us for a clearer understanding of this complex process and the responsibilities universities must uphold.

Key Points From This Episode:

• Updates from ICS and the launch of their new initiative, Before Campus.
• Introducing Celeste Bradley, Chief Solutions Officer at ICS.
• Today's topic: Examining how the Cornell case sheds light on Title IX processes.
• The differences between Title IX, criminal investigations, and civil litigation.
• How universities determine whether reported conduct falls under Title IX.
• Why Title IX proceedings can continue even when criminal charges aren't pursued.
• The role of supportive measures in protecting students' access to education.
• Why universities cannot simply wait for criminal investigations to conclude.
• What happens during a Title IX investigation and why documentation matters.
• The investigator's role and the importance of a thorough, unbiased report.
• How live Title IX hearings work and what students can expect.
• The role of advisors and the limits of their participation in hearings.
• Why hearing officers must balance compliance with compassion.
• Understanding how a party's decision not to participate can affect the hearing.
• How decision-makers evaluate evidence and determine responsibility and sanctions.
• A breakdown of how the appeals process works and why Title IX cases can take so long.
• The importance of training, documentation, and student-centered Title IX procedures.

Links Mentioned in Today's Episode:

Before Campus on Instagram

Episode 46: Parallel Criminal and Title IX Processes with Betsy Smith

Courtney Bullard's LinkedIn post on the Cornell case

'U.S. Department of Education Launches National K-12 Initiative to Protect Students from Adult Sexual Predators in Schools '

ICS

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

What happens when major changes in education law take effect through emergency orders before the courts have reached a final decision? For compliance professionals, staying informed about these developments will be critical throughout the year. In this episode, host Courtney Bullard takes a closer look at the legal and compliance trends educational institutions should be watching, including increased coordination among federal agencies, the newly announced Office for Civil Rights (OCR) K-12 initiative, developments in the courts and Title IX, admissions practices, and the OCR Unified Regulatory Agenda. But with so many headlines and changes happening at once, Courtney emphasizes the importance of not losing sight of the fundamentals. Strong governance, communication, documentation, clearly defined roles, and effective training and resources remain the foundation of a strong compliance program. Tune in as Courtney shares what ICS is watching this academic year and offers practical guidance for staying informed without chasing every headline.

Key Points From This Episode:

• Introduction to today's topic of discussion.
• How federal agencies are beginning to work together, and what happens next.
• The newly announced Office for Civil Rights (OCR) K12 initiative.
• What's happening in the courts: Title IX, the emergency docket, and more.
• Enforcement and who is doing the investigating.
• Taking a fresh look at admissions processes.
• The OCR Unified Regulatory Agenda.
• The importance of compliance professionals not losing sight of the fundamentals and basics.
• Courtney reiterates the Five Pillars covered in the Back to School Webinar.

Links Mentioned in Today's Episode:

Higher Ed Back to School Webinar

K-12 Back to School Webinar

DOJ: Crowther v. Board of Regents of the University System of Georgia

ICS

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

Are you ready for the next school year, or will compliance catch you off guard? In this episode of The Law and Education Podcast, Courtney Bullard is joined by Erica D'Agostino, Senior Title IX and Equity Specialist and team lead at Institutional Compliance Solutions (ICS). Erica's diverse experience spans K-12 education, higher education, disability services, school leadership, investigations, hearings, informal resolution, and work as an external Title IX coordinator. Together, Courtney and Erica walk through ICS's summer compliance checklist and explain why it is such a valuable planning tool for Title IX, Title VI, training, data review, prevention, and policy work. They discuss how compliance teams can create time for meaningful reflection, identify common gaps, prioritize what needs attention, and make sure their procedures and reporting systems are ready before the start of the school year. Erica also explains the importance of partnership across compliance roles, where the responsibilities of Title IX and Title VI overlap, and why progress matters more than perfection. Tune in to learn how schools can use the summer months to build their compliance foundation and enter the next academic year with greater clarity, focus, and confidence.

Key Points From This Episode:

• A brief update on recent federal agency changes affecting education compliance.
• Erica's career background and the different Title IX roles she now serves in at ICS.
• Discover why summer is a critical time for schools to prepare for the year ahead.
• Examine why compliance teams need to schedule focused time for checklist work.
• Explore why proactive planning helps schools avoid future compliance issues.
• Learn how the ICS summer compliance checklist stands out from other approaches.
• Hear about the common review gaps around policies, staffing, procedures, and data.
• How Title IX and Title VI coordinators can partner together on policies and procedures.
• Uncover how summer planning can shape prevention, compliance, and education work.
• Advice on how schools can start with the checklist, identify gaps, and prioritize the next steps.
• Understand why athletics compliance should remain part of Title IX summer planning.

Links Mentioned in Today's Episode:

K-12 Summer Compliance Checklist

Higher Ed Summer Compliance Checklist

Erica D'Agostino on LinkedIn

Episode 82: Inside the Role of a K-12 Title IX Coordinator

ICS

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

Title IX coordination requires a different approach in K-12 and higher education settings, and understanding those distinctions is essential for effective compliance and student support. During this episode, we are joined by Amy Buck, a Senior Title IX and Equity Specialist at ICS. Together, we discuss the difference between serving in higher ed versus K-12 in Title IX. Amy shares insights into why burnout is so common among coordinators, how reporting processes differ between K-12 and college environments, and what school leaders need to understand about Title IX compliance. We also explore the definition of sexual harassment in school districts, navigating teacher misconduct claims, and the qualities that make an effective Title IX coordinator. This episode provides a thoughtful look at the responsibilities, challenges, and impact of those entrusted with creating equitable learning environments.

Key Points From This Episode:

• New trainings from ICS.
• Amy Buck's background in Title IX at K-12 districts and higher ed institutions.
• How to respond to those who claim there is no need for Title IX intervention.
• The definition of sexual harassment in school districts.
• How reporting typically differs between K-12 and higher ed.
• Navigating teacher misconduct claims.
• Recommendations for anyone moving among higher ed and K-12 coordination.
• Aspects that make a great Title IX coordinator.
• What school leaders should understand about Title IX and compliance.

Links Mentioned in Today's Episode:

ICS

K-12 Summer Checklist

Higher Ed Summer Checklist

K-12 Trainings & Webinars Higher Ed Trainings & Webinars

K-12 Community Access

Higher Ed Community Access

ICS Blog

Courtney Bullard on X

Learn about Becoming a Community Partner

Compliance work is uniquely heavy by nature, and burnout is inevitable without sustainable practices. Every compliance team can have balance by creating a better rhythm. In this episode of The Law and Education Podcast, we are discussing some lessons we learned from the recent ICS retreat. Tuning in, you'll hear all about the importance of finding a good rhythm for your compliance team, the power of restoration, real work, and fun, and why all three need to exist within a team, and so much more! We delve into what causes burnout before discussing the importance of sustainable compliance practices. Our host even breaks down three simple 'retreat' ideas that are cost-effective and short, and will have the same impact as our retreat did. Finally, you'll be challenged to find one thing to implement for your team that can create more balance. Thanks for listening!

Key Points From This Episode:

• Today's topic: a recap of the recent ICS retreat.
• The importance of finding balance within compliance teams.
• Why your compliance team needs rhythm.
• Three elements of a successful retreat: restoration, real work, and fun.
• Why restoration is protective for compliance workers.
• How doing hard, structural work reduces the weight of burnout.
• The power of fun as a tool for building trust within teams.
• Why burnout isn't always about workload and what sustainable compliance is.
• A breakdown of simple, budget-friendly, and short 'retreat' ideas.

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

The year 2025 was a reset, not a pause. There are some narratives floating around that 2025 was a slowdown year for civil rights enforcement, but that narrative is wrong. What 2025 actually showed is that enforcement didn't retreat; it restructured. During this episode, we explore the priorities that defined 2025, the decentralization of civil rights enforcement, and what this meant for compliance over the past year. We also dive into the five enforcement realities that emerged and the implications of each of these for the future. The real compliance question for 2026 isn't whether you have policies and procedures; it's whether your compliance house is in order. In 2025, siloed compliance models broke down. Join us as we discuss the impact of this, what centralization truly means, and what to ensure you have on your risk radar as we enter a new year.

Key Points From This Episode:

• A new community partner benefit that ICS is rolling out in 2026.
• The restructuring that defined 2025 in civil rights compliance.
• Which priorities led enforcement politics over the past year.
• Understanding that civil rights enforcement is no longer centralized and the implications of this.
• The five enforcement realities that became impossible to ignore over the past year.
• Assessing whether or not your compliance house is in order.
• Why siloed compliance models broke down in 2025 and what this means for the future.
• What centralization actually means for us.
• Elements to keep on your risk radar in 2026.
• Topics included in the first ICS webinar of the year.

Links Mentioned in Today's Episode:

Register for the 2025 Year-End Compliance Review Webinar Steven Richard on LinkedIn

ICS

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

This year has been unlike any other in the compliance world. Across every school district and institution that we support, we have seen the same pattern emerge: expectations rising and responsibilities expanding, and the compliance landscape shifting faster than ever before under this new administration. At ICS, we've tried to offer some real clarity and practical pathways forward to help you stay ahead over the course of the year. During this episode, we unpack the newly released Title IX Student Bystander Training. The goal of this training is to equip students with real skills and to help schools build safer communities from the ground up. Joining us to discuss this topic is Betsy Smith, our Chief Innovation Officer, who led the development of this training. She walks us through what the training covers, why it matters, how to implement the training on the ground, and how schools can bring it to life at their district or school. We're always looking for change in small and big ways, and we are so grateful to be a part of this training. Tune in to hear more.

Key Points From This Episode:

• Looking back at the compliance world in 2025.
• How ICS has worked to meet the needs that have emerged in the past year.
• The new community partner benefit that ICS has launched.
• What the new Title IX Student Bystander Training for K-12 entails.
• What Chief Innovation Officer Betsy Smith has been focused on this year.
• Background on our new Title IX Student Bystander Training and why it is specifically for K-12 students.
• Challenges schools are currently facing that warrant the need for such a training.
• What is most important about this training.
• Content design and an overview of the training.
• Why a choice was made to approach this as bystander training.
• The role of the facilitator guide.
• How the work of Title IX Coordinators makes an impact, even if they can't see it.
• What the broader goal of this training is: culture change through intervention.

Links Mentioned in Today's Episode:

ICS on YouTubeBetsy Smith on LinkedIn

ICS Title IX Student Bystander Training

Watch the Replay – World Premiere! ICS K-12 Title IX Student Bystander Training

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

The Office for Civil Rights (OCR) is a critical part of the US Department of Education, and today on the Law and Education Podcast, we are discussing the ins and outs of the OCR. We are joined by a partner at Evergreen Education Solutions and former regional director at the US Department of Education's Office for Civil Rights, Beth Gellman-Beer. Tuning in, you'll hear all about the OCR, what they do, what Beth worked on during her 18 years in the OCR, and more. We delve into how the OCR has changed since Beth's time there before discussing how resolution agreements have changed over the last year. Beth even walks us through steps to take if you find out you're under investigation, how schools can figure out what civil rights areas to focus on, and where she sees OCR in the near future. Finally, our guest tells us about what's been going on recently with the OCR and what she's been doing since she left. Thanks for listening!

Links Mentioned in Today's Episode:

Beth Gellman-Beer on LinkedIn

OCR Recent Resolutions

Office for Civil Rights (OCR)

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

Artificial intelligence is transforming education, and compliance is no exception. In this episode, we discuss how AI is influencing Title IX and Title VI work, from investigations and training to how students search for information about their rights. We begin with a look behind the scenes at ICS, including updates on community partner renewals, new training opportunities, and upcoming Title VI Coordinator courses. From there, we explore three key questions: How is AI changing where students and staff find compliance resources? Can AI tools safely support Coordinators and investigators in their daily work? And how might parties or advisors use AI in Title IX cases? Throughout, we emphasize the importance of accuracy, accessibility, and oversight, reminding listeners that human judgment and empathy must remain at the core of every compliance process. Tune in for practical ways to navigate AI's growing role in education.

Key Points From This Episode:

• Behind the scenes: The busy renewal season for ICS and Community Partners.
• Popular resources and tools available to ICS Community Partners.
• Details of our spring training calendar, including the "Compliance Core Four" courses.
• Live training in Dallas covering compliance essentials for K–12.
• The growing relevance of AI in Title IX and Title VI compliance.
• Three focus areas: opportunity and risk, student access, and advisor use.
• How AI is changing where students and staff search for resources.
• The risk of misinformation when AI can't locate school policies.
• Steps for improving website accessibility and plain-language content.
• How AI tools can support coordinators through transcription and summarization.
• Guardrails for safe and ethical AI use in compliance work.
• Risks of bias, overgeneralization, inaccuracy, and loss of context in AI outputs.
• How parties and advisors may be using AI to prepare Title IX cases.
• Potential fairness and confidentiality challenges posed by AI-assisted work.
• Why human judgment, empathy, and expertise remain central to compliance.
• Practical takeaways for preparing your institution for AI's growing role.

Links Mentioned in Today's Episode:

Tuesday Takeaways on LinkedIn

Tuesday Takeaways Archive

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