The Law & Education

The Law & Education

By Institutional Compliance Solutions/Courtney Bullard - Title IX AttorneyEducationCourses
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The Law & Education episodes

  • Episode 26 - Reactions to the New Title IX Regulations with Joe Storch

    We are living through unprecedented times both nationally and globally. For those in the Title IX profession, these complicated times have been further exacerbated with the release of the new Title IX Regulations by the Department of Education on May 6, 2020. Today on the show Courtney is joined by Joseph Storch, a name well-known to most in the field. Courtney and Joe discuss the new regulations and their impact on institutions and school districts.

    To say that they have caused a stir would be putting it very lightly! Joe is a regular contributor through NACUA and the wealth of knowledge he brings to the table is indispensable. He offers his first impressions on the regulations and their preable, and the foremost of these is related to the document's length! With the official implementation date of these new regulations looming, two-thousand plus pages to get through is a sizable read, especially considering what is required after the document has been read. Part of what Joe talks about is the efforts he has made to work collaboratively in response to these regulations, in order to help all institutions keep abreast.

    During such a difficult time where almost everyone has been affected by the pandemic in myriad ways, the fact that these new steps have added another layer of pressure is quite astounding. Join us today to hear Joe's thoughts on the new laws, how we might approach digesting and reacting to them, and some of the responses that have already begun to surface!

    Key Points From This Episode:

    • Joe's first impressions of the newly published regulations and their apparent implications.
    • The significance of the new regulations and the meaning of the preamble.
    • Advice for Title IX professionals in the face of the current climate.
    • The institutional implications of the dates laid out in the new regulations.
    • Delays in the publishing of these regulations and the pressure this puts on colleges.
    • The actual changes that have been instituted by the new regulations.
    • Better access to the new regulation through a collaborative effort in processing it.
    • The amazing contributions that have been made to the SUNY Joint Collaboration
    • Distance-university and the learning environments that are the current norm.
    • Potential challenges for the new regulations and organizations planning to litigate.
    • The continued mission of guidance and resource creation for Title IX compliance.
    • Joe's short-lived run in a political office!

    Tweetables:

    "It's one thing for a naturally occurring emergency, it's another thing for a manufactured emergency." — @JosephStorchNY [0:26:07]

    "The department has significantly narrowed the definition of what is in fact sexual harassment, unequal treatment on the basis of sex, under Title IX." — @JosephStorchNY [0:29:10]

    "Who knew, when we were having these conversations in January that this is what May would look like." — @ICSLawyer [0:14:43]

    "There may be more things that we know a week from now that can help folks in making their policy decisions." — @JosephStorchNY [0:43:09]

    Links Mentioned in Today's Episode:

    ICS Lawyer

    Joint Collaboration on the Title IX Regulations - be sure to check daily for updates!

    Joe Storch

    Joe Storch on Twitter

    Nacua

    Harry Potter

    Courtney Bullard on Twitter

    Courtney Bullard Email

    50 min
  • Episode 25: Are the New Title IX Regulations Imminent And What It Means with John Graff and Scott Schneider

    Today we're flipping the script to bring you an interview where your host Courtney Bullard features as a guest on the Higher Ground podcast with John Graff. In this episode, Courtney, John, and Scott Schneider discuss COVID-19, the NPRM and its implications, and more. These two men are respected colleagues in the industry; some might recall Scott being a former guest on the show. Scott is a well-known litigator, as well as a sought-after advisor on Title IX, labor and employment law issues, and risk management concerns related to student affairs. He has led several investigations of serial sex abuse allegations, allegations of misconduct involving senior leadership and other acts of institutional misconduct. Their discussion today involves weighing up the pros and cons of rolling out the new Title IX regulations in the current COVID environment, why it might not be worth postponing, and what these new regulations will mean for educational institutions and students. A big concern is that the suggested policies will discourage schools from conducting hearing processes, which in turn will deter students from reporting incidents. On the positive side, the new policies might lead to an increase in informal resolution type processes, although this comes with its own set of risks. Be sure to join the conversation to learn everything there is to know about the current status of new Title IX regs!

    Key Points From This Episode:

    • The rumors about the Title IX regulation changes and the compliance deadline.
    • Hear how several state attorneys general are filing lawsuits against the DoED.
    • An explanation of what it means when an injunction motion is filed against an institution.
    • Courtney's thoughts on whether higher ed would like to see the current regulations blocked.
    • The pros and cons of implementing the new regs now versus postponing compliance.
    • Find out what it was like for Scott to sit in live hearings for small private schools.
    • The inevitable mistakes involved in implementing new regulations and how it affects students.
    • How the outcome for role players is directly tied to the level of experience of investigators.
    • Concerns about the time it takes to train higher ed to handle hearings each time changes are introduced.
    • How the new policies discourage schools from conducting hearing processes and what it means for victims.
    • Why it is likely that we will see a significant upsurge in informal resolution type processes.
    • The difficulty of parents and students accurately evaluating the outcome of a Title IX hearing.
    • Courtney's thoughts on the triaging of Title IX cases in the current remote pandemic model.
    • Is it possible to deliver on the promises for support made in the annual security reports?
    • Factors to consider when thinking about reopening schools and campuses.
    • Other concerns that clients are raising in terms of the new regulations.

    Tweetables:

    "It would basically be a collection of states getting together, going to a court and saying, 'Block enforcement of these regulations.'"— @EdLawDude [0:10:42]

    "I think the general census, at least from my clients, would be not to have to add something else. On the flip side, I also think there are a lot of folks—especially like myself—that's just like, 'Let's just get on with it.' If we are going to have to comply and this is going to happen, then let's just do so that we can move on with our lives." — @ICSLawyer [0:11:10]

    "Assuming that the final regs are what we suspect the final regs would be, I would think the net impact of that is going to be students no longer wanting to come forward and participating in the process and maybe not even coming forward at all, which would be a tragedy." — @EdLawDude [0:22:21]

    "That's why I'm almost hoping the regs drop sooner rather than later. Give people as much time as humanly possible to start transitioning to whatever the final regs are going to say." — @EdLawDude [0:34:47]

    Links Mentioned in Today's Episode:

    Higher Ground Podcast

    John Graff on Twitter

    Scott Schneider

    Scott Schneider on Twitter

    Scott Schneider Number

    Courtney Bullard on Twitter

    Courtney Bullard Email

    Courtney Bullard Number

    The Chronicle of Higher Education

    Inside Higher Ed

    Vice News

    HBO

    Mohegan Sun

    53 min
  • Episode 24: A Clearer Understanding of Title IX in the School System with Megan Farrell

    During this time of so much change and uncertainty, we are so glad to be able to continue to bring you important information regarding Title IX and the future of institutional practices on campuses and beyond! Our guest today is Megan Farrell, Title IX Coordinator for Palo Alto Unified School District, and advisor and consultant to educational and institutional clients with a focus on Title IX compliance. Title IX Compliance for K-12 is complex and looks different than compliance for higher education in many ways. In our conversation we cover a lot of ground, looking at the unique aspects of K-12 compliance as well as considering the particular situation in which we find ourselves now, with remote learning and homeschooling.

    We get into the special considerations and issues in K-12 Title IX compliance including the position of school resource officers, training for coordinators and school administrators, and how to educate students on these issues in appropriate ways. There is guaranteed to be something in here for everyone, so make sure to listen in and catch it all!

    Key Points from this Episode:

    • The applicability of Title IX to school districts.
    • Misunderstandings around the Title IX coordinator's role in the school setting.
    • Basic steps for the structuring of these roles; clear naming and responsibilities.
    • Lessons learned from an OCR investigation in the school district space; interim measures, data retention and more.
    • Support measures after a complaint and dealing with issues in the same home.
    • Complications around the involvement of school resource officers.
    • Issues of notice and discrepancies in complaints by different parties.
    • New guidance by OCR and Megan's thoughts on the latest developments.
    • The training side of Title IX; educating students about consent.
    • Benefits of early instillation of values of consent with minors.
    • Remaining compliant with Title IX under the uncertain and transitional nature of the COVID-19 pandemic.
    • Preparation and early measures for next year; thoughtful and appropriate use of quarantine.
    • Megan's passion for travel and her two favorite destinations!

    Tweetables:

    "The school sites are going to be your first step in conducting an investigation." — Megan Farrell [0:09:19]

    "I think immediacy is very important." — Megan Farrell [0:23:26]

    "Our policy still says that we will complete investigations within 60 days and we really stick to that and we try and get it done even quicker." — Megan Farrell [0:26:05]

    Links Mentioned in Today's Episode:

    ICS Lawyer

    Megan Farrell

    Palo Alto Unified School District

    Title IX University

    Courtney Bullard on Twitter

    Courtney Bullard Email

    53 min
  • Episode 23: Title IX Compliance for Faculty, Students, and Staff with Elizabeth Conklin from the University of Connecticut

    The complexity of Title IX issues is only compounded by the different parties that are found on university campuses and the regulations for them. Our guest today is Elizabeth Conklin, the Title IX and ADA Coordinator at the University of Connecticut. She has a large amount of experience in the field, and she is here to share her thoughts on the intersection of students, faculty and staff, the overlap between Title IX and VII, and appropriate ways to approach allegations across these different demographics.

    In our conversation, we hear from Elizabeth about how institutions can consider structuring their policies with the range of cases and personnel present. She also weighs in strongly on the idea of interim measures and what should be done immediately after an issue is reported. We discuss her experiences serving on an appointed committee for the University of Tennessee after a large Title IX settlement in 2016 and how this chapter still influences her work today. For a wonderful chat with an enthusiastic and committed worker in the field, be sure to listen in!

    Key Points From This Episode:

    • Elizabeth's work on a committee at the University of Tennessee after a big lawsuit in 2016.
    • Simply written policies for maximum understanding and reach.
    • The overlap between Title VII and Title IX; workplace-learning environments at universities.
    • Elizabeth's attitude towards including faculty and staff in the Title IX process.
    • Differences between cases involving only students and ones with faculty members too.
    • Interim measures in response to allegations against faculty or staff members.
    • Balancing outside collaboration and administrative leadership for cases.
    • Training and assistance for Title IX coordinators; staying current and on top of issues.
    • The efficacy of lunch and learns and similar events that can reach large numbers.
    • Advice from Elizabeth for smaller campuses and teams with limited resources.
    • The amount of communication from different departments and what this can actually mean.
    • Elizabeth's thoughts on alternate career paths if she was not in Title IX.
    • Conflict resolution and self-care; how these two areas could do with more attention.

    Tweetables:

    "I try and read the document from the perspective of an 18-year-old undergraduate student, their parent or their friend." — Elizabeth Conklin [0:13:34]

    "My preference is to have a single policy on discrimination and harassment." — Elizabeth Conklin [0:18:42]

    "There is a set of prescribed behaviors that are outlined in the policy, there is conduct and expectations for everyone. If there are allegations that those aren't being met, there is a clear process." — Elizabeth Conklin [0:22:29]

    "In my view, the role of the investigating office is to conduct the investigation." — Elizabeth Conklin [0:26:23]

    Links Mentioned in Today's Episode:

    ICS Lawyer

    Title IX University

    Elizabeth Conklin on LinkedIn

    University of Tennessee

    University of Connecticut

    50 min
  • Episode 22: Title IX Compliance in a COVID-19 world

    The country (and the world) is facing an unprecedented crisis with the COVID-19 pandemic, and Title IX coordinators face a particular set of challenges during this time. Betsy Smith, a Senior Investigator, and Consultant at Institutional Compliance Solutions joins us today to talk about ways to remain Title IX compliant as campuses move to distance learning. In this short, informational episode, we cover three aspects of Title IX compliance: support measures, ensuring accountability, and how to handle open investigations and hearings.

    Betsy highlights that it is especially important to support students who were being helped pre-COVID-19. They may be going through some trauma and stress, which is why it is necessary to be intentional about reaching out. We then talk about what Title IX coordinators can do to let students know that despite distance learning, they are still a part of the university. Students need to understand that their actions during this time have an impact on them and the community. Finally, Betsy sheds light on how ongoing investigations can still happen virtually. While this may all seem overwhelming, it is also an opportunity for universities to strengthen their online access, and for Title IX coordinators to have a seat at the table. Be sure to tune in today!

    Key Points from this Episode:

    • Find out a few ways that ICS is helping their clients in light of the crisis.
    • Why students that were being supported require extra care during this time.
    • How Title IX coordinators can help counselors and assist them in moving digital.
    • Learn why it is a good idea for Title IX offices to have an online platform.
    • Other aspects of accountability that Title IX coordinators need to keep in mind.
    • What Title IX coordinators need to do with an ongoing investigation: Don't stop!
    • The importance of transparency and constant communication during the crisis.
    • Making lemons from lemonade: Betsy sheds light on some of the positives.

    Tweetables:

    "I don't think that there's any reason for these investigations to stop for a long period of time." — Betsy Smith [0:12:58]

    "You can absolutely continue with hearings. You don't want this backlog." — Betsy Smith [0:15:23]

    "This will be a really good trial by fire for lack of a better word in coming up with new and novel ways to approach investigations virtually. But just a reminder from us: Perfection is not the requirement, and as long as you're trying and putting forth a good faith effort in trying to meet student needs and faculty and staff needs, that's all you can do. " — @ICSLawyer [0:19:13]

    Links Mentioned in Today's Episode:

    Betsy Smith on LinkedIn

    Institutional Compliance Solutions

    Courtney Bullard on Twitter

    Courtney Bullard's email

    22 min
  • Episode 21: Filling the Title IX and Clery Gap in Schools and Universities with Jody Shipper, Part 2

    This episode continues Courtney's deep dive with Jody Shipper into the complexities that typically arise concerning Title IX, Clery, and VAWA investigations in colleges and universities. Jody is a nationally recognized subject matter expert with more than 20 years' experience in policies aimed at addressing sexual misconduct on campuses; it has been a privilege to hear her thoughts in this extended conversation. In our discussion today, we continue on the topic of the overlap between Clery and Title IX, particularly around VAWA cases. For example, dating violence, domestic violence, stalking, and sexual assault all fall under Clery and VAWA, but not Title IX. They have been adopted within Title IX procedures nevertheless though, which both suggest the necessity for collaboration between fields but also produce grey areas.

    This segues into a discussion about the pitfalls of siloing, where we stress the idea that Clery, threat assessment, and Title IX teams should all be working together in a closer way than what meets the bare minimum defined as 'compliance.' Indeed, many cases that meet compliance are in fact failed cases, and Jody gives an example of how collaboration saved a woman from being murdered by her boyfriend. Our conversation turns to stalking and relationship violence, and we discuss the necessity for professionals to be highly trained and therefore equipped to discern between 'benign' and severe cases, and how sending out warnings inappropriately can actually escalate violence. Jody shares many more insights into cautions and best practices on today's topic so be sure to tune in for it.

    Key Points From This Episode:

    • Cross-sections between Title IX, Clery and VAWA cases and procedures.
    • Procedural requirements for VAWA cases: notifying parties simultaneously, etc.
    • What constitutes a VAWA breach: Clery crimes, sexual assault, stalking, and more.
    • The value of Title IX and Clery collaboration before releasing timely warnings.
    • Why a Title IX investigator should review the language in a timely warning.
    • How timely warnings can backlash by victim shaming, leading to reluctancy to report.
    • Tendencies for campus safety to have less of an EQ around sensitive cases and language.
    • Necessities around being able to give an educated response to emotive queries.
    • Tendencies for people in higher ed to get silo-ed and how VAWA is handled on campus.
    • Importance of campus safety, Title IX, and threat assessment teams to collaborate.
    • The line between severe and easily resolvable VAWA cases and what constitutes Title IX.
    • How sending notice can lead to more violence if done at inappropriate moments.
    • Severe complexities in dealing with escalated stalking and relationship violence cases.
    • The need to have an educated person gauge severe vs 'benign' relationship violence cases.
    • An example of how un-silo-ed teams saved a VAWA case from becoming a murder.
    • How silo-ed teams can be compliant but failing at the same time.

    Tweetables:

    "We get so silo-ed in higher ed." — @JodyShipper [0:12:19]

    "How do we know that sending notice isn't going to be the precipitating factor to much more severe violence?" — @JodyShipper [0:18:08]

    "Consult, consult, consult." — @JodyShipper [0:25:33]

    Links Mentioned in Today's Episode:

    Jody Shipper on LinkedIn

    Grand River Solutions

    ICS Lawyer

    Title IX University

    Upcoming Webinars

    The Law and Higher Ed Podcast

    Courtney Bullard on Twitter

    Courtney Bullard on LinkedIn

    33 min
  • Episode 20: Filling the Title IX and Clery Gap in Schools and Universities with Jodie Shipper, Part 1

    Title IX and Clery procedures are complex and ambiguous for all parties involved, but the importance of maintaining an institutional culture that upholds these laws cannot be overstated. Following Clery legislation should not stop at mere compliance either. In this episode, Courtney talks with Jody Shipper, a nationally recognized subject-matter expert in Title IX and related fields, about her approach in working with universities and colleges in Title IX compliance.

    They talk about the intersection of Clery and Title IX, and common Clery mistakes Jody sees in the work she does with clients. Jody talks about the complexities around filing timely reports, typical daily and yearly duties of logging data, and ways schools can get better at their Annual Service Reports. Jody sets the benchmark where it should be as far as Title IX and Clery procedures, so make sure you learn all you can from her in this episode.

    Key Points From This Episode:

    • Why Jody studied employment law: her interest in the prevalence of restaurant harassment.
    • A merging of Jody's investigations and trauma work that occurred at her university job.
    • Grand River Solutions' services: filling Clery and Title IX-related gaps at universities.
    • The overarching mission at GRS: optimizing ASRs at schools and building safer communities.
    • How merely obeying compliance as an institution is a bare minimum to be exceeded.
    • The tendency to overlook Clery while setting up Title IX offices on campuses.
    • Clery driven data capturing processes: daily incident logs, and annual security reports.
    • Understanding timely warnings and when to issue them.
    • Confusion around timely warnings.
    • The fine line between victim blaming and giving due warning in releasing timely reports.
    • ASR errors: starting late, leaving out information, being overburdened, not publishing them.
    • Ways to get around aborted ASRs: committees, backup plans, and checklists.
    • Ignorance of definitions of school jurisdiction and the challenge it poses to Clery.
    • Another Clery error: misclassifying a crime, especially around referrals.

    Tweetables:

    "People bandy around this phrase, 'A culture of compliance.' That's a nice way to put it, that we have an institution where everyone will comply with all the rules. I always think of it as a baseline. Of course you have to do that piece, but can we do better?" — @JodyShipper [0:15:51]

    "I think it's really important to make clear somewhere in that timely warning that no one is responsible for being the victim of a crime. You didn't choose to be the victim of that crime." — @JodyShipper [0:28:54]

    "Once you've pulled your ASR together you're not done. You need to publish it. You need to send it out to people in your community and you also need to submit it to the department of education." — @JodyShipper [0:28:54]

    Links Mentioned in Today's Episode:

    Jodie Shipper on LinkedIn

    Grand River Solutions

    Jeanne Clery

    ICS Lawyer

    Title IX University

    Hot Topics in Title IX Conference

    Upcoming Webinars

    The Law and Higher Ed Podcast

    Courtney Bullard on Twitter

    Courtney Bullard on LinkedIn

    41 min
  • Episode 19: Doug Fierberg, attorney for the Gruver family against LSU, on Fraternity and Campus Hazing, Sexual Assault, and Title IX Violations by Schools

    Courtney talks with Doug Fierberg whose legal team at the Fierberg National Law Group focuses on and is dedicated to representing families, survivors and others in lawsuits and other legal proceedings nationwide involving fraternity hazing, sexual assault, Title IX violations, gun violence, serious personal injury, wrongful death and other misconduct in schools. Most notably in recent Title IX litigation, Doug's team represents Max Gruver's family in a wrongful death case against LSU using a novel approach to the deliberate indifference theory.

    In this episode, you will also hear about their criteria for deciding to represent someone, the difference between proving negligence and deliberate indifference on the part of a school, how lawyers and courts can effectuate social and institutional change and his view of the striking safety discrepancies between fraternities and sororities. Title IX professionals and lawyers in this area will want to tune in to this episode!

    Key Points From This Episode:

    • The evolution of Fierberg National Law Group and its expanding team.
    • Doug's passion for representing young people who suffer a personal injury or wrongful death.
    • His experience representing the families of victims of the well-known Virginia Tech shooting.
    • Knowing that he wanted to be a trial attorney when graduating from law school.
    • Criteria for accepting a case and the two main factors that are considered.
    • Thoughts on Title IX cases and the requirements for a case against a school to be viable.
    • Distinguishing between negligence and deliberate indifference on the part of the school.
    • Considering how the deliberate indifference of the institution contributed to the incident.
    • Financial compensation versus creating institutional change.
    • An example of how lawyers have been able to use the justice system for social change.
    • His view that fraternities are significantly more dangerous to members than sororities.
    • What his team learned about LSU's approach to hazing in the case of Max Gruver.
    • Using litigation to force LSU and other universities to take hazing issues seriously.
    • The common "boys will be boys" response to allegations of sexual misconduct and hazing.
    • One of Doug's biggest losses based on an unjust trial court.
    • Doug's primary function in the context of the tragic cases he deals with.

    Tweetables:

    "We're very particular in terms of what we take. We do not have the firepower to take anything that just walks into the door anymore. We are looking for cases that will have an impact on the law and a serious impact for our clients." — @tfnlgroup [0:13:35]

    "That's a far higher standard than negligence, which is essentially making a mistake. This means that the school had to have some knowledge of what was going on, and the consequences of acting or not acting, and then be deliberately indifferent to those circumstances." — @tfnlgroup [0:16:43]

    "It's positive that the law and remedies are continuing to develop for young people so that schools are headed towards becoming safer and less fraught with sexual harassment and violence." — @tfnlgroup [0:25:11]

    Links Mentioned in Today's Episode:

    Doug Fierberg

    Fierberg National Law Group

    Fierberg National Law Group on Twitter

    Title IX University

    Hot Topics in Title IX Conference

    Upcoming Webinars

    The Law and Higher Ed Podcast

    Courtney Bullard on Twitter

    Courtney Bullard on LinkedIn

    Institutional Compliance Solutions

    Rolling Stone

    Virginia Tech Shooting

    Louisiana State University

    48 min
  • Episode 18: Kink and LGBTQI+ Culture in the Title IX Space with Stephanie Lott: Part 2

    In this episode, Courtney continues her conversation with Stephanie Lott, Title IX Coordinator at Arkansas State University. The full discussion with Stephanie covers campus accessibility, pronoun use, and her journey in Title IX with regard to LGTBQI+ and kink culture. In this second part of our discussion, Stephanie gets into some of the challenges investigators, witnesses, complainants, and respondents tend to face in Title IX investigations of cases involving kink or LGTBQI+ communities. For example, identity questions in hookup culture make for complex experiences, which makes the 'truth' of a case incredibly nuanced.

    Knowing how to ask the right questions so that trust can be built is an essential part of the investigative process. We also speak about the importance of using and soliciting proper pronouns, and Stephanie shares some pointers about how to go about doing so. Stephanie talks about a few of the strategies that are going down on her campus to make it a more inclusive space in this episode too. Our guest has a unique way of explaining things that a lot of folks will benefit from so make sure you catch round two of this helpful conversation.

    Key Points From This Episode:

    • Special considerations in Title IX cases involving LGTBQI+ and kink community members.
    • Vulnerabilities that people still arriving at their sexual identity face in hookup culture.
    • Struggles investigators face: taboos, identity questions, and building trust with a complainant.
    • Advice for investigators: become more versed on the topic by consulting third party sources.
    • How to ask inoffensive questions to members of a kink or LGTBQI+ community.
    • The value of asking tough questions from a place of good intentions, not personal interest.
    • Why people should respect pronouns: for the same reason they remember names.
    • The idea that pronouns can change so it is a good idea to re-ask what they are.
    • How to ask for another person's pronouns: offer your own first.
    • Preparing to explain what pronouns are about to people who aren't aware of them.
    • New forms of pronouns such as they or ze, and who they might apply to.
    • Getting past awkwardness around asking about pronouns to build more trust.
    • Strategies for a more inclusive campus such as Theatre Intimacy Education performances.
    • What makes up the world of e-sports: games, devices, and competitive playing.
    • The new e-sports program happening at Arkansas State which Stephanie heads up.
    • Things Stephanie would do if not in Title IX: law school, and behavioral analysis.

    Tweetables:

    "With any unknown topic that you're talking about with somebody else, like a complainant, respondent, or witness, make sure that your questions are not based on curiosity." — Stephanie Lott [0:14:27]

    "I teeter back and forth on my own pronouns." — Stephanie Lott [0:16:07]

    Links Mentioned in Today's Episode:

    Stephanie Lott

    Courtney Bullard on LinkedIn

    Institutional Compliance Solutions

    Hot Topics in Title IX Compliance Conference

    Title IX University

    Speak Out

    Theatre Intimacy Education

    34 min
  • Episode 17: Kink and LGBTQI+ Culture in the Title IX Space with Stephanie Lott: Part 1

    Deconstructing our biases around niched behaviors and sexualities has been important for a long time now, and this urgency is no less great in the context of Title IX law and investigations. This is the first of a two-part episode where I talk to Stephanie Lott, Title IX Coordinator at Arkansas State University. Our conversation focusses on understanding kink and LGBTQI+ culture, and how investigators can be better prepared for Title IX cases involving people from these groups. There are many grey areas that can arise in cases covering situations that have turned from consensual to non-consensual in the LGBTQI+ and kink circles.

    Stephanie stresses the importance of investigators who can build a good rapport and also the importance of Title IX professionals educating themselves about these communities. We also cover the steps Stephanie and her team have taken toward Arkansas State becoming a campus that is more diverse and accessible to all, and she brings up some amazing seminars and theatre-based education initiatives working toward that end. Stephanie shares a wealth of important information whose relevance reaches far outside of the Title IX space in this brilliant conversation, so make sure you don't miss out on it.

    Key Points From This Episode:

    • Stephanie's process working in student conduct and Title IX at Arkansas State.
    • Lessons learned about campus culture and investigations working in student conduct.
    • Stephanie's team structure and the number of students at Arkansas State.
    • Benefits of having a floater with a good rapport on Stephanie's team.
    • A definition of kink culture referring to behavior involving deviance.
    • Challenges presented in kink-related Title IX cases involving shame and ignorance.
    • A daunting Title IX case example: a rape role-play which turned un-consensual.
    • The helpfulness of safe words in signaling actual feelings in kink environments.
    • Tendencies in kink culture to challenge social norms that may bring out investigator biases.
    • Tips for investigators to educate themselves about kink and build rapport with complainants or respondents.
    • What LGBTQI+ means and how the culture can become an 'alphabet soup.'
    • The multiple meanings of queer and gay pertaining to who uses the term.
    • Educational conferences Stephanie works on which offer basics of LGBTQI+ terminology.
    • Special considerations in a Title IX case involving an LGBTQI+ community member.

    Tweetables:

    "There are people who consensually at some point will sign up to do a role-play of a rape scene with a partner or an NSA hookup and how does that manifest itself into a Title IX investigation?" — Stephanie Lott [0:16:48]

    "Contrary to most folks' stigma, gay people don't know every other gay person and we don't know everything about our own communities sometimes." — Stephanie Lott [0:28:30]

    Links Mentioned in Today's Episode:

    Stephanie Lott

    Courtney Bullard on LinkedIn

    Institutional Compliance Solutions

    Hot Topics in Title IX Compliance Conference

    Title IX University

    Speak Out

    Theatre Intimacy Education

    33 min

About The Law & Education

From the publisher's feed

The Law & Education podcast discusses the many legal issues that affect colleges and universities and intersect with Title IX. Host Courtney Bullard interviews subject matter experts, thought…

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