The Law & Education

In this episode, Courtney has a conversation with Betsy Smith, a senior investigator, and consultant at Institutional Compliance Solutions. Betsy brings another unique perspective to their team, having previously served as a district attorney and deputy Title IX coordinator for the University of Tennessee.

Betsy shares about tracking trends and data to prevent incidents of sexual misconduct; how her experiences as a student-athlete shape her work today; suggestions on training student-athletes, coaches and staff; and the work coming out of ICS going forward in the K–12 space. If you are a Title IX coordinator in K–12 or higher education, be sure to join us for this insightful interview!

Key Points From This Episode:

• An overview of Betsy's career background and her prior role at the University of Tennessee.
• The prevalence of incidences on campus and the kind of cases she worked on.
• How Betsy became interested in tracking data and what that entails.
• The impact that tracking data has on prevention and response on campus.
• Considering general things like where and when assaults are happening.
• Advice about capturing data and presenting findings in the most aesthetically pleasing way.
• Deciding on the next steps once your data is compiled and well-presented.
• Considering which parties need to be notified about incidents and general findings.
• What Betsy has learned about policies and compliance in her new role at ICS.
• Ensuring that policies are accessible and student-centric.
• Betsy's passion for student-athletes and her own journey in this position.
• Being mindful of the different needs and schedules of student-athletes.
• Suggestions for Title IX coordinators who need to investigate athletics departments and staff.
• The lack of Title IX coordination and training on K–12 campuses and how the problem can be rectified.
• Advice for Title IX coordinators on K–12 campuses: using a checklist for structure and consistency.

Tweetables:

"What I learned is that tracking data is the absolute driving force for prevention and response on campus." — Betsy Smith [0:12:04]

"There are so many different ways to do the same thing. I don't think that I had any idea how many different ways you could write a policy that could still be compliant." — Betsy Smith [0:17:33]

Links Mentioned in Today's Episode:

Betsy Smith on LinkedIn

The Law and Higher Ed Podcast

Courtney Bullard on Twitter

Courtney Bullard on LinkedIn

Institutional Compliance Solutions

Title IX University

Hot Topics in Title IX Conference

Upcoming Webinars

Dr. Laura McGuire

The University of Tennessee

The University of Alabama in Huntsville

Tragically, Harrison Kowiak passed away as a freshman in college in a hazing incident. His mother, Lianne, has become an advocate sharing Harrison's story across the country to hopefully prevent another family from experiencing the same heartbreak. A moving conversation, Lianne shares not only Harrison's life but the moments when they were with him as a family when he passed away – something no family ever expects to endure. Lianne also breaks down the definition of hazing and provides some sobering statistics at the K-12 and college level.

Michelle, ADA expert and director of the Disability Resource Center at UTC, sits down with Courtney to discuss the ADA and ways that accommodations may present themselves in Title IX matters. Michelle shares how she came to be an expert in the field, how she built a robust DRC at her institution, and the ways her office works with the Title IX process on campus. Her approach is so crucial at a time when more and more members of campus communities are presenting on the ASD spectrum. Legal primers, some basics on the unique considerations on Title IX training for students with ASD and fun facts about Michelle are also part of the discussion.

Website: www.icslawyer.com Email: [email protected]

In this first episode, Courtney covers the purpose of The Law and Higher Ed Podcast, what you can expect from each episode, a primer on the law related to Title IX compliance and a little about her own background, including fun facts!

Website: www.icslawyer.com Email: [email protected]

In this episode, Courtney provides an overview of the split between the 1st and 6th Circuit on whether due process in a sexual misconduct matter requires a live hearing and an ability for cross-examination in Doe v. Baum and Haidak v. U. Mass- Amherst. She also discusses the March 2019 USC ruling regarding what constitutes a "fair hearing" and its implications for private institutions. So much is happening on the litigation front in Title IX – staying abreast of recent cases is critical for professionals who work in Title IX.

In this episode, Courtney talks with Jill Creighton, Dean of Students & Associate Vice President for Campus Life at Washington State University, about Title IX and Clery compliance abroad. Jill shares her experience navigating Title IX and Clery requirements when she led student conduct efforts at 14 global locations across six continents for New York University. Jill also explains the importance of having an accessible process for international students, training considerations for study abroad programs, and her work on restorative justice. Be sure to tune in to the end where Jill, who is very well traveled (50 countries!) shares some of her top picks.

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.

Courtney sits down with Sarah Brown, Senior Editor at the Chronicle, to discuss the complex landscape of higher education and what is grabbing her attention right now. They discuss the evolution of Title IX since 2011 from her perspective as a college student at the time, the challenges she faces in covering Title IX matters, Sarah's article about the concept of "passing the harasser", the hot legal landscape that exists from her perspective reporting on the myriad of issues facing colleges and universities today and so much more (hint: horse jockey!). If you work in higher ed, you do not want to miss this episode.

In this episode, Courtney talks with her dad, Bill Nuttall, who is the Chairman for the Board of Trustees at his institution. They discuss educating your board of trustees from the perspective of a board member who served at a time that his institution faced a Title IX matter, as well as the broader concept of the role of a board member and a board on college campuses. Their conversation then turns to the evolution of gender equity in college athletics in the 70s and concludes with a discussion of youth sports and minors on campus. As always, Courtney ends with some fun facts – and that discussion bleeds into helicopter and curler parents. Title IX Coordinators, as well as parents of minors in youth sports, should tune in to this episode!

In Episode 10, Courtney shares the Top 10 mistakes she sees campuses make in their Title IX compliance efforts. Be sure to tune in to this informational episode if you are a Title IX Coordinator or Title IX investigator in order to be thinking critically about your campus process as you look to enter the new academic year.