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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:
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
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:
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
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:
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
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:
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
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:
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 SolutionsCourtney Bullard on Twitter
Courtney Bullard's email
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:
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
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:
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
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:
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
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:
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
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:
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
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