The Law & Education

Navigating the Title IX process as a school or institution can be incredibly challenging, especially when there is a simultaneous, or parallel criminal process taking place. Here to help us unpack this challenging topic is Betsy Smith, a Senior Investigator and Consultant at Institutional Compliance Solutions (ICS) and K12 Team Lead. Betsy's experience as a former prosecutor puts her in a unique position to give clarity on these subjects. In addition to her expertise in managing trauma and being trauma-informed, she also has extensive knowledge of the processes involved. In our conversation, we discuss some of the key points that need to be considered when engaging in the Title IX process. We cover the school's obligations when they have knowledge of an incident, some of the support that Title IX coordinators need from other teams, and why it's essential that the criminal and Title IX cases remain entirely separate and shouldn't be determinant of one another when running in parallel. Betsy describes some of the oversights that can lead to the dismissal of a criminal case and why that does not prove the conduct did not take place. We also spend some time talking about how complainants tend to behave in these cases, why they might withdraw their involvement, and how to ensure their safety in these types of proceedings. Our conversation today covers a lot, from the cycles within an abusive relationship, to how institutions can form productive relationships with law enforcement and better navigate these processes. For more insights into this expansive topic, be sure to tune in today.

Key Points From This Episode:

• Introducing today's guest, Betsy Smith, Senior Investigator, and Consultant at Institutional Compliance Solutions (ICS) and K12 Team Lead.
• The many questions we've been receiving about when a school is obligated to conduct a Title IX process while there is a simultaneous, or parallel criminal process happening.
• Betsy's experience as a prosecutor and why she is uniquely equipped to talk about parallel criminal processes.
• The value of being trauma-informed and the knowledge Betsy gained prosecuting child sex crimes.
• The distinction between criminal and civil cases.
• What it means for two processes to be running parallel.
• The responsibility of law enforcement and institutions in parallel cases.
• An overview of how the criminal process works.
• What it means to have probable cause and the role of the prosecutor.
• Why parallel civil and criminal processes need to be separate and not be determinant of one another.
• Some of the things that can lead to the dismissal of a criminal case and why that does not prove the violation did not take place.
• How to avoid retraumatizing the complainant through multiple interviews by law enforcement and other figures.
• How an institution can establish a relationship with law enforcement when they have an obligation to pursue a Title IX process during a criminal investigation.
• Why the SRO position often feels like a dual role.
• Advice on who you can call to find out whether a violation has mandatory reporting status.
• The distinction between finding someone responsible versus guilty.
• Insights into the requirements for the terms 'clear and convincing', 'preponderance of evidence', and 'beyond a reasonable doubt'.
• A breakdown of the violations that Title IX covers.
• Some of the new regulations around dating violence, domestic violence, and sexual assault.
• How Title IX obligations affect an investigation.
• Why recognizing a violation as a Title IX case from the start is so important.
• Betsy's key pieces of advice for anyone dealing with domestic or dating violence cases.
• Why the Title IX coordinator needs support from other teams.
• The cycles of abuse and why a complainant may decide to withdraw from an investigation.
• Why your decisions as a Title IX coordinator need to prioritize keeping the complainant safe.
• Some tactical tips for when you have a parallel criminal process to your Title IX process at your school or campus.

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

Given that we're celebrating Women's History Month and International Women's Day this week, today's installment is something a little different from our typical episode format. Today, we're celebrating the incredible team here at ICS who make the work we do, possible! Plus you'll hear some information about the history of International Women's Day, a day that is also underscored by the celebration of the 50th anniversary of Title IX this summer. We're also taking a moment to celebrate the women who've paved the way for our right to become lawyers and business owners. Finally, Courtney salutes the powerful women in her personal life that have supported and shaped her personal life. We hope you can join us for this moving shout-out celebrating everything powerfully WOMAN!

Key Points From This Episode:

• Celebrating the 50th anniversary of Title IV this summer!
• A brief history of how this bill came to pass.
• A bit about the incredible, all-female team here at ICS.
• A shout out of gratitude to two core team members that are the backbone of this company.
• An outline of our culture here at ICS.
• Women's History Month: this year's theme, where it came from, and about Women's Day.
• A salute to Courtney's personal sheroes in her life.
• Thinking about ways to set examples for the next generation!

Links Mentioned in Today's Episode:

Title IX Stamps

Betsy Smith on LinkedIn

Celeste Bradley on LinkedIn

ICS Lawyer

ICS Blog

Courtney Bullard on Twitter

Courtney Bullard Email

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

Thank you for tuning in to another episode of the Law and Higher Education Podcast! In today's conversation, we speak with Brian van Brunt, who is widely known as an expert in behavioral intervention, threat assessment, mental illness, and more. In other words, he is the OG in behavioral intervention teams, and conducting assessments, trainings, and helping institutions create those teams in order to create a safer and healthier campus environment. He has so much knowledge to impart in this space, and today he shares plenty of powerful insights into his work in behavioral intervention in higher education. Brian touches on his work protecting the Jewish population from things like white supremacist violence at the Secure Community Network, before telling us a bit about the books he has written. We look at the history of how BIT teams have evolved and what their purpose is, as well as where BIT work overlaps with retention work in the college space. We do a deep dive into the structure of BIT and Title IX teams, and how they can work together to reduce risk and protect faculty and students. You'll learn why identifying and paying attention without a good team that is trained is problematic, and what the difference between effective violence and targeted violence is. Join us to hear all this and more today!

There is a way to include trans athletes and to still provide a means for girls who want to shine in sports. Today we are joined by Nancy Hogshead-Makar for part two of our discussion on the work she is doing to fight for the inclusion of women and trans athletes in college sports. We begin this episode with a series of updates on how the ongoing debates on the inclusion of trans athletes in sports are being reflected in legislature across different states. From there, Nancy speaks about how the work she is doing to fight for trans inclusion forms a part of her activism for gender equity in college sports. We talk about the policies Nancy is helping to build so that sports can be the solution for trans inclusion, and how they are fitting trans people into different sports in different ways based on their sex-linked advantage. Wrapping up, we talk to Nancy about the work she is doing to fight for the rights of Olympic athletes through the position in the Olympic Commission which she was recently promoted to.

Today we are joined by Nancy Hogshead-Makar for the first in a two-part discussion on the work she is doing to fight for the inclusion of women and trans athletes in college sports. Nancy is a lifelong advocate for access and equality in athletics. She is a scholar and author who is internationally recognized as a legal expert on sports issues. Legal issues that she addresses include sexual harassment, sexual abuse and assault, employment, pregnancy, and legal enforcement under Title IX. While the list of Nancy’s accomplishments is almost endless, it is also worth mentioning that she was a world-class swimmer who represented The US in the 1984 Olympics where she won three gold medals and one silver medal. In part one of my conversation with Nancy, she shares her experience at Duke University as an undergrad athlete. Please note that this episode carries a trigger warning as Nancy shares her experience of surviving rape during her time as a student. Nancy also breaks down gender equity in athletics, from the importance of the Title IX coordinator’s involvement with compliance to the three-part test for measuring equal opportunities for women in sports at colleges. Be sure to tune in to this episode and come back for part two which covers transgender rights and participation in athletics.

The investigative process, while crucial, has a limited scope in providing sexual assault survivors with what they need. Today's conversation takes a look into restorative justice and navigating how we can attend to the harmed person and community so that healing is the primary goal. Today's guest is Dr. Kaaren Williamsen, director of the Sexual Assault and Prevention Center at the University of Michigan (SAPAC), who imparts her knowledge, wisdom, and experience in this field. We touch on everything from what it looks like on the ground right now for Title IX Coordinators to visions for Title IX coordinators on campuses beyond compliance with Title IX. Kaaren also explains SAPAC, and provides advice for those working on smaller campuses to achieve similar goals. Kaaren guides us in a deep dive into restorative justice and adaptability, with many learnable stories and examples of how this type of resolution supports not only the survivor but also the coordinators and the community in which it happened. We are so excited for her to share her wisdom with you today; this is one inspiring and helpful conversation you don't want to miss.

From small firms to large ones, labor and employment issues to college campus law infringements, today's guest has done it all! We're so lucky to now have her as part of the ICS team, where she is getting a chance to live out her lifelong dream of working in the education sphere. In today's episode, Celeste Bradley talks us through Titles VI, VII, and IX, and a few other federal laws which relate to issues that may arise at educational institutions. As an External Title IX Coordinator, Celeste deals with these cases firsthand, and although the challenges are many, the rewarding nature of the work makes it worth it. In our conversation, Celeste also shares her perspective on diversity, equity, and inclusion, and explains why a combination of these three elements in an educational institution is so vital.

As we enter into a new year and a fresh start for the podcast after some time off, we wanted to use this opportunity to update you on what we have been up to, look back on the Title IX space in the last two years, and illuminate what is to come in the near future. 2020 was a particularly wild year, and 2021 was not that much different. Our field was not immune to the changes and instability we were all experiencing. So on today's episode, expect to hear about updates to the podcast, the service suite on offer through ICS, how Community Access works on the website, and more! We get into our experiences of virtual training, as well as how we have divided our work for K12 and higher education. With so much new material and developments afoot in the world of Title IX compliance, we are sure that we have a lot to offer all of our listeners and clients, so thanks for joining us and let's get into it!

In this episode Courtney talks with Dr. Laura McGuire, sexologist, trauma-informed specialist, consent educator, and inclusion consultant. They talk about a controversial topic head-on – trauma-informed practices in Title IX cases – starting with the basics of what being trauma-informed means and ending with whether it is appropriate in campus cases involving sexual misconduct. Laura explains what a sexologist is, why consent is complicated, and the work she has done incorporating restorative justice in cases of sexual misconduct. She also shares interesting insight into her journey into this work and a fun fact we promise you will not see coming! If you are a Title IX Coordinator, Title IX Investigator, or a higher ed administrator, in general, this episode is for you.

What is next in Title IX? Will the regulations go away? The short answer is no, not immediately, as you heard from previous guests in 2020. It is a long process to undo a regulation, and that will likely take a few years, but we do anticipate movement with respect to guidance issued by the Department of Education in the meantime. As you know, the Trump administration archived all prior guidance in this space, and it is yet to be seen whether all or some of it will be resurrected or replaced with new guidance, and what the Department of Education will do with the guidance issued regarding the new regs under Trump's DOE. Today's episode covers what could happen if a school is not following the law, the enduring impact that Trump's appointments may have on federal litigation, and why Title IX is about more than how a school responds to sexual harassment. Learn about the landmark decisions, cases, and executive orders that are influencing Title IX and the importance of having support from and working closely with your colleagues, as well as taking care of yourself in these trying times. Tune in today.

Key Points From This Episode:

• Our thoughts on what could happen if a school is not following the Title IX regulations.
• The deep imprint and enduring impact that the Trump administration had on federal courts.
• Title IX is more than how a school responds to sexual harassment; it includes gender equity in athletics, for example.
• What the landmark decision by the US Supreme Court, Bostock v. Clayton County, means for LGBTQ+ rights.
• Trump's response to the Bostock decision and Biden's resulting executive order.
• Whether or not sexual orientation is a protected class under Title IX.
• The Grimm v. Gloucester County School Board case and its potential impact on discrimination based on gender identity under Title IX.
• Whether federal law mandates how a school should respond to transgender students.
• The Clery Act and Title IX; DOE adjusts fines and what is in store under Biden administration.
• Why it's very important to have support, from colleagues, ICS, or other organizations.
• Working closely with your legal counsel on litigation trends or state law changes in your jurisdiction is key moving forward.
• The importance of self-care and maintaining a work-life balance in these trying times.

Tweetables:

"President Trump left a deep imprint on the federal courts that will outlast his one term in office for decades to come." — @ICSLawyer [0:01:36]

"Title IX is more than how a school responds to sexual harassment. Gender equity in athletics, sex and gender-based discrimination, and pregnancy discrimination all fall under Title IX." — @ICSLawyer [0:02:22]

"For my Title IX professionals, what I want to say is that it is more important than ever to have support, be it from ICS or other organizations or colleagues, as the coming months unfold." — @ICSLawyer [0:06:40]

Links Mentioned in Today's Episode:

ICS Lawyer

Bostock V. Clayton County

Courtney Bullard on Twitter

Courtney Bullard Email