The Law &amp; Education

Betsy Smith LinkedIn Post for Title IX Professionals

Rituals Roadmap: The Human Way to Transform Everyday Routines into Workplace Magic

The Principle of the Path: How to Get from Where You Are to Where You Want to Be

Learn about Becoming a Community Partner

Episode 61: Title IX Litigation Update – My Crystal Ball is Broken… Jul 18, 2024

Unfortunately, my predictions about the Title IX regulation outcomes in Texas were completely wrong! Today on The Law and Education Podcast, we are bringing you another Title IX update and sharing the strange changes that have happened. Tuning in, you’ll hear about what happened in Texas, learn everything you need to know about ‘the Kansas decision’, find out what schools (both litigation and non-litigation) have been impacted, and more! We even go through all the states that have not decided whether to follow 2020 or 2024 regulations and what that means for them. Finally, we discuss how ICS is handling all of these changes and supporting clients. Stay tuned for more updates and try to be agile through these strange times!

Key Points From This Episode:

What we have been doing at ICS during the summer.
A recap of what’s happened with Title IX changes since the last episode.
How I was wrong about the Title IX outcome in Texas.
What you need to know about ‘the Kansas decision’.
What schools are impacted by these changes and what it mean for them.
How ICS has organized the schools in non-litigation and litigation states.
The litigation states without a decision yet.
How the ICS is supporting clients and partners through these changes.

Links Mentioned in Today’s Episode:

Title IX Updates

ICS on LinkedIn

Real-time Title IX Updates

Learn about Becoming a Community Partner

Episode 60: Title IX Litigation – Pause Jul 11, 2024

In the last episode of The Law and Higher Education Podcast, listeners were encouraged to take a vacation in light of the Title IX chaos and today, we are discussing why Title IX professionals should ‘pause’ while awaiting final outcomes. Tuning in, you’ll hear what happened over the summer at ICS, what has been happening with the Title IX regulations since the last episode, and how to handle this strange period in Title IX history. We encourage you to pause, wait, and see what happens instead of trying to react in real time to all of these changes. We even share some of our ICS Title IX training plans. To hear all this and even find out where to get updates on these litigation changes, be sure to press play now!

Key Points From This Episode:

What has been happening at ICS over the summer.
A recap of what’s been happening with the Title IX regulations.
What happened in the Kansas vs. US Department of Education case.
How to handle this period before rulings are made.
Why Title IX professionals should wait to see what happens.
The ICS plans for Title IX training in the near future.
Where to hear all of the updates on these litigation changes.

Links Mentioned in Today’s Episode:

Learn about Becoming a Community Partner

Episode 59: The New Title IX Regulations are Here... the Advice You Wouldn't Expect Apr 24, 2024

On April 19th, the new Title IX Regulations were released by the Department of Education with an implementation deadline of August 1st. There is a lot of information in circulation which can be overwhelmingly stressful for those with boots on the ground. Tune in to this episode for advice on how to leverage the offerings, resources, and support available from ICS and others. Touching on the role of subject matter experts, we discuss how to approach the more nuanced areas of these regulations, policy support offered by ICS, and more. Don’t miss this informative episode!

Key Points From This Episode:

The topic of this episode: the new Title IX Regulations released by the Department of Education.
Acknowledging the stress that the new regulations add to those who are boots on the ground.
A reminder that there are many offerings, resources, and support out there.
Advice for those navigating information around the recent regulations: allow the subject matter experts to take the lead.
How to approach the nuanced areas of these regulations.
Policy support that ICS is offering.
What is included in the new 2024 trainings offered by ICS in response to the regulations to assist with effective implementation.
Advice to prevent the overwhelm.

Links Mentioned in Today’s Episode:

Department of Education Reminds Schools of Their Obligations Under Title VI

Learn about Becoming a Community Partner

Episode 58: Year End Reflection and Important Title IX Updates Dec 21, 2023

In the last episode of 2023, we share a few ICS developments and updates, followed by some legal developments and updates in the Title IX world. Tuning in, you’ll hear key takeaways from the recent ICS retreat, reflections from changes that occurred in 2023, and updates to expect as we look ahead to the new year. Learn what to expect as we offer an overview of training and regulatory action in the new year, including many training opportunities not to be missed. Don’t miss this power-packed episode!

Key Points From This Episode:

ICS developments and updates in 2023.
Reflections from the recent ICS team retreat.
Upcoming revisions of the ICS mission, values, and goal statement in January 2024.
Content included in ICS’s latest note from Courtney: a time for reflection and a note of gratitude.
Reflecting on the first two ICS community partners.
Spring training opportunities including the Sixth Annual Year End Review.
Live and in-person training to expect going forward.
The updated release date for the new Title IX regulations.
What else was included in the updated legislative agenda for Fall of 2023.
Who will be impacted by the updates to 504.
Increased attention to the rise of antisemitism and islamophobia.
The ICS Blog on the Department of Education’s recent release of a Dear Colleague Letter on Title VI.
A big Title IX decision from the sixth circuit that has come down in the midst of recent activity.
A reminder to grab your spot in the year-end review.
Looking ahead to an action-packed training schedule for 2024.

Links Mentioned in Today’s Episode:

Tennessee Technical College

Serenbe

University of the South

Higher Ed Community Partner

K12 Community Partner

Michaela Bland on LinkedIn

Learn about Becoming a Community Partner

Episode 57: Where Are the Title IX Regs? Oct 26, 2023

It's October 2023 and the long-awaited Title IX regulations remain a topic of anticipation and speculation. Back in May of 2023, the Department of Education and Office for Civil Rights projected that we'd see these new regulations this month. However, it seems highly unlikely that this timeline will be upheld. So where are we now? And when can we expect to see new Title IX regulations released? In today’s episode, we look back at what has happened thus far and where we might be going with these regulations. We get into the public comment period initiated by the Notice of Proposed Rulemaking, the thousands of comments the Office for Civil Rights is tasked with responding to, and the Office of Information and Regulatory Affairs (OIRA) review that is yet to be completed. Today’s episode also covers when we predict the new regulations will be released along with recommendations on what to do in the interim as you continue your compliance efforts. To hear all the latest on this topic and what to expect in the future, be sure to tune in!

Key Points From This Episode:

Some updates on what has been happening at ICS.
A quick rundown of our virtual and in-person training options.
The new Title IX regulations that were set to be released in October of 2023.
Assessing where we are now, in October 2023, and why we do not foresee the release of new Title IX regulations by the end of the month.
How the Department of Education is empowered to draft and release regulations.
A reminder of the draft rules, published in July of 2022, that amend the 2020 regulations.
The 2020 Title IX regulations that we have been under for the past four academic years.
An overview of the Notice of Proposed Rulemaking (NPRM) and how that initiated a public comment period under the Administrative Procedures Act (APA).
How the Office for Civil Rights is tasked with responding to all comments submitted.
The final regulation that gets released and how it can be modified by public comments.
Why we don’t expect either of the two announced regulations to be released this month: the Office of Information and Regulatory Affairs (OIRA) review that is yet to be done.
An overview of what the OIRA review entails.
Our prediction for when new regulations could be implemented in 2024.
Recommendations on how to continue compliance efforts in the interim.
Don’t forget to like, review, and subscribe to help us grow!

Links Mentioned in Today’s Episode:

'Consider an Interim Title IX Coordinator for a Cost-Effective Solution'

ICS Contact Us Form

Courtney Bullard Email

Episode 56: K12 Title IX Compliance - A View from the Ground Sep 07, 2023

Betsy Smith, Director of Title IX Services at ICS, takes the role as host this episode and interviews Jared Smith - former K12 administrator, ICS Client Relationship Specialist and her husband. Tuning in, you’ll hear about Jared’s experience in education leading up to his current role, and how he brings everything he learned there to his work. From his early perceptions of what Title IX encompasses to his view on effective discipline and more, Jared shares his practically informed perspective on Title IX compliance for K12. This conversation also serves as a word of encouragement for anyone working in the field and feeling alone. Alienation is common to the experience of those holding Title IX roles, and support is available despite the siloed nature of the job. Tune in for practical advice and powerful insights sure to improve your day-to-day compliance efforts. Thanks for listening to this unmissable episode!

Key Points From This Episode:

Exciting changes with the Law & Education Podcast.
Introducing Betsy Smith, Director of Title IX Services, who plays host to her husband, ICS employee Jared Smith.
Jared’s role as a Client Relationship Specialist at ICS.
What Jared considers the most rewarding thing about his experience in K-12.
The hardest part of the role he used to occupy.
His strategy for dealing with difficult parents.
Jared’s role on the ground as an administrator in the Title IX space.
Jared’s early perception that Title IX is only about athletics.
A word of encouragement to those feeling alone in their Title IX work.
Why having flow charts and steps set out was so helpful to Jared in implementing Title IX in a complex matter.
What it was like to occupy a disciplinary role while providing Title IX Support.
Building personal relationships with school kids.
The importance of creating trust: having their best interests in mind.
Why it’s easy to feel siloed within this work.
An incentive for positive engagement using a fire alarm.

Links Mentioned in Today’s Episode:

Brittany Gates on LinkedIn

Courtney Bullard Email

Episode 55: Title IX Considerations With Faith-Based Schools Jun 29, 2023

Title IX prohibits sex-based discrimination in any educational institution and can be quite a tricky topic in faith-based schools. Today’s episode shares a recent webinar on this topic. In this webinar Brittany Gates, Title IX and Equity Specialist at ICS, shares her experience as a Title IX Coordinator at a faith-based school, exactly what Title IX is, how to claim a religious exemption under Title IX, and why defined religious values are imperative in these instances. We also discuss code of conduct behaviors in these types of schools, how a safe and healthy culture can be built, why Title IX discipline and school discipline are separate matters, and so much more. We even delve into sexual harassment reporting barriers and how to remove them before Brittany tells us how amnesty policies can assist in that, how to create effective prevention programming in faith-based schools, and why communication is key. Finally, we discuss the importance of having a good mindset, taking charge of what you can control, and being kind and supportive in these situations. You don’t want to miss out, so tune in now!

Key Points From This Episode:

Introducing the hosts of today’s webinar, Brittany Gates and Betsy Smith.
A brief overview of Brittany’s background in faith-based schools.
What Title IX is and who is exempt from certain aspects of it.
The ways a school can demonstrate that they are controlled by a religious organization.
How to be assured that your exemption applies.
The importance of knowing the religious values that guide faith-based schools.
How inconsistent code of conduct behaviors could overlap with Title IX.
How to build a safe and healthy culture to respond to Title IX matters in faith-based schools.
Why the school’s discipline process cannot be used outside of Title IX.
Sexual harassment reporting barriers in faith-based schools and how to remove them.
How to optimize amnesty policies so they can assist in removing reporting barriers.
The importance of open communication and how to demystify it in faith-based schools.
How to have healthy conversations on the topic of sex and sexuality.
What building a healthy culture in faith-based campuses looks like.
Areas to consider for effective prevention programming: consent, bystander intervention, and being open about your policy.
The importance of having a good mindset and not getting boxed-in, in the rules.
The things you can be responsible for outside the realm of the schools’ rules.
Why you have to be kind, clear, and offer support.
Why you should consider employee amnesty in faith-based schools.

Links Mentioned in Today’s Episode:

Betsy Smith Email

Partner with us

Title IX and Equity Specialist job posting

Courtney Bullard Email

Episode 54: There is Work to Be Done in the Waiting: Your Summer Title IX Checklist Jun 22, 2023

As you are probably aware, the Department of Education has decided to delay the release of the amended Title IX regulations, originally planned for May, to October 2023. In this episode, we highlight some important things we need to be aware of in light of this news. We discuss the implications of this postponement; particularly as it aligns with the start of a new academic year and the urgency for compliance given that four years will have passed under the 2020 regulations. We emphasize the necessity of maintaining compliance efforts through training and support and we highlight some courses provided by ICS. We also talk about the importance of updating policies and procedures before providing suggestions for helpful resources and webinars. Tune in today to find out what you should be focusing on during this wait.

Key Points From This Episode:

The topic of this podcast: what we should be doing while waiting for the postponed Title IX regulations.
ICS is hiring: Title IX and Equity Specialist.
Some of the conferences that ICS will be attending in the summer.
The importance of taking a break.
Insight into the postponement of the updated Title IX regulations originally scheduled for May.
The fact that the updated regulations will now be released in a new academic year and how this relates to the slated time frame for their implementation.
How the upcoming academic school year marks four years under the 2020 regulations and the urgency for compliance.
Why you need to be continuing your compliance efforts with training and support.
Some of the courses that ICS offers.
Why you should update your policies and procedures.
Suggested resources and webinars and what you can look forward to from the podcast.

Links Mentioned in Today’s Episode:

NACUA Annual Conference

ICS Events

The Law and Education Podcast Episode 01: About This Podcast and Your Host, Courtney Bullard

Courtney Bullard Email

Episode 53: Emergency Removals and Admin Leave under Title IX Apr 13, 2023

We are still under the 2020 Title IX regulations, so it’s essential to get in compliance with them! During today’s conversation, your host, Courtney Bullard, unpacks the topic of emergency removals and administrative leave, and the surrounding procedures and regulations. Tune in to hear what coordinators are permitted to do, how to distinguish between disciplinary and supportive measures, and why it is so important to do an individualized safety and risk assessment to determine the threat level in question. Hear what ICS recommends for decision-making and involving a threat assessment team before we touch on the ongoing analysis to determine the appropriate measures to take. Join us today to stay informed on all this and more! Thanks for listening.

Key Points From This Episode:

Background on your host, Courtney Bullard.
What you will learn if you revisit our first episode.
Today’s topic: emergency removals and administrative leave under Title IX.
A reminder that we are currently under the 2020 Title IX regulations.
An invitation to Diamond Level Community Partners to do our Level 2 Specialty Course.
Who this episode is most relevant to: Title IX Coordinators, Deputy Title IX Coordinators, Student Affairs Professionals, and beyond.
The formal Title IX process under 2020 regulations.
The limited follow-up coordinators are allowed to do.
Supportive measures and the surrounding requirements.
Distinguishing between discipline and supportive measures.
The individualized safety and risk assessment that must take place to determine the level of threat.
Providing the opportunity to challenge an emergency removal.
Why it is not recommended that the Title IX coordinator acts as an administrator if he or she is making the final decision.
What emergency removals are for: emergencies and immediate threats.
Highlighting that administrative leave is not intended for emergencies.
The importance of involving a threat assessment team.
Ongoing analysis to determine appropriate supportive measures that can be put in place.
A recommendation to make sure there is something on Title IX included in your policies.
What to expect next on this podcast.

Links Mentioned in Today’s Episode:

Andrea Stagg on LinkedIn Joe Storch on LinkedIn

Courtney Bullard Email

Episode 52: CHIPS with Andrea Stagg and Joe Storch Mar 30, 2023

Today’s topic gets really interesting when it impacts Title IX. Joining us today to explain the CHIPS Act of 2022 and how it might impact you are Joe Storch and Andrea Stagg with Grand River Solutions. During today’s discussion, our guests distill the role and implications of the Act, and what it means for compliance. We touch on institutional reporting, and the three big agencies promulgating the rules. You’ll hear how the incredibly low rate of reporting on sexual harassment impacts procedure, along with some innovative solutions for the problem. We talk about the role of Sponsored Programs Officers and in-house support for Title IX Coordinators, and discuss the expected timeline for new regulations to go live. We hope you join us today to hear all this and more from these two passionate experts here to equip you with the knowledge you need. Thanks for tuning in!

Key Points From This Episode:

An update on what the team at ICS has been working on.
What you can look forward to next, including a conference, virtual training, and more.
Two newly launched interactive tools for Title IX Coordinators.
Introducing today’s guests, Joe Storch and Andrea Stagg with Grand River Solutions.
Today’s topic: The CHIPS Act of 2022.
An overview of the CHIPS Act and which part of it will be discussed today.
Surprising statistics proving the prevalence of sexual harassment in STEM.
How Grand River Solutions goes beyond Federal Law to ask questions and establish policies.
What the laws detailed in CHIPS bring to compliance.
Required institutional reporting and the three agencies that have promulgated rules.
How the low rate of reporting sexual harassment impacts procedure.
How a lack of appropriate definitions poses a challenge to compliance.
Advice for Title IX Coordinators to reach out to Sponsored Programs Officers and in-house counsel.
The timeline surrounding the bill and why deadlines are unlikely to be met.
The 32 million dollars put behind addressing sexual harassment in STEM.
The timely publishing of Lessons in Chemistry.
Andrea and Joseph’s hope and predictions for the future.
The role of politics in regulation-making and enactment.

Links Mentioned in Today’s Episode:

Grand River Solutions CHIPS Act of 2022

CHIPS and Science Act Includes Efforts to STEM Sexual Harassment

Lessons in Chemistry Brian van Brunt

Courtney Bullard Email

Episode 51: The Importance of Visibility of the Title IX Coordinator with Betsy Smith Jan 26, 2023

Today on The Law and Education Podcast, we sit down with the Director of Title IX Services at ICS, Betsy Smith to talk about why visibility for the Title IX Coordinator is so essential. Betsy brings a unique skill set to the ICS team, having served as an assistant district attorney and student affairs professional. Recently, she worked for five years as the Director of Student Conduct and Deputy Title IX Coordinator at a large state institution where she oversaw more than 2,000 Title IX and other campus investigations a year. The content of this episode comes from a recent ICS Community Partner meeting, where Betsy presented some of the work she is doing to ensure that the campus and the community at large are up to date about what her office does to encourage reporting, educate about Title IX, and the resources that her office provides. Betsy brings a wealth of passion and innovation to this conversation and some valuable on-the-ground experience too. Tune in to learn about the relationship between visibility, reporting, and prevention, as well as how to leverage social media, the importance of practicing your “elevator speech,” and more!

Key Points From This Episode:

What it means to be a Community Partner at ICS and what’s new in 2023.
Why it’s important for the Title IX Coordinator to be visible, starting with increased reporting.
The correlation between reporting, data, understanding, and prevention.
How to increase visibility by acting like a business.
Why Betsy recommends leveraging social media to encourage reporting.
The importance of having a Title IX “elevator speech” and leading with support.
Tips for making yourself known to the community as a Title IX Coordinator.
What Betsy calls Team 9 and the branding component of making that team visible.
The value of presenting as vulnerable and approachable on social media.
How you can access the free ICS website checklist resource.
Using the concept of a billboard to help you think about visibility and presence on campus.
How to ensure that your personality shines through in the data to drive prevention.
Advice for developing the infrastructure to be able to handle increased reporting.
The role that directed training and education play in fueling prevention.

Links Mentioned in Today’s Episode:

Title IX at The University of Southern Mississippi (USM)

USM Title IX Office on Twitter

USM Title IX Office on Instagram

#WomensEntrepreneurshipDay LinkedIn Post

Courtney Bullard Email

Episode 50: Welcome to 2023 with Courtney Bullard: Behind the Scenes on the Business of ICS Jan 12, 2023

Before starting a new year, it’s always good to “measure backward” and reflect on the accomplishments, challenges, and growth of the past year. Today’s episode is something a bit different as we peel back the curtain and show you what goes on behind the scenes at ICS! In this episode, Courtney Bullard reflects on some of the accomplishments of ICS in 2022 before shedding light on what you can expect from the company in 2023. You’ll hear about ICS’s certification as a women’s business enterprise, how the company has grown, how many people they have certified, and how much money they have saved clients. You’ll also hear about Courtney’s definition of success and the values held by her and instilled in the company. To find out more about how Courtney wants to help business owners, the job opportunities available at ICS, and some of the events ICS has planned for 2023, tune in today!

Key Points From This Episode:

Why Courtney considers herself an “accidental entrepreneur.”
What it means to measure backward.
Insight into Courtney’s annual practice of reflecting on the past year.
Highlights from ICS’s 2022 accomplishments, including becoming a certified women’s business enterprise.
Community Partners and clients that ICS now has in 47 states.
The number of Title IX professionals certified by ICS this year.
Title IX university logins, courses completed, and money saved in 2022.
The addition of DEI University.
How Courtney measures ICS’s success (and her personal definition of success).
The values held by Courtney as a business owner and instilled in the culture of ICS.
Courtney’s goal to connect with others who want to own or run their own business in 2023.
Some of the job opportunities available at ICS.
What you can look forward to from ICS in the upcoming year!
A huge thank you to the ICS family, clients, and listeners of this podcast.

Links Mentioned in Today’s Episode:

Home | Title IX Conference (icsdprep.com)

ICS: K-12 2022 Year End Review - Demio

ICS: Higher Ed 2022 Year End Review - Demio

Steven M. Richard

Courtney Bullard Email

Episode 49: 2022 NPRM Top 10 things Jul 28, 2022

Has Title IX compliance got you stressed? Are you confused about the new proposed regulations? Well, this episode is for you! It is hard to believe that July is almost over and with it comes a new set of proposed Title IX regulations. The academic year is in full swing, which means new students and employees, making it essential for institutions and school districts to ensure Title IX compliance. The proposed regulations are 700 pages, and Courtney has condensed them into a Top 10 for you. We work through the most fundamental additions, modifications, and changes in the proposed Title IX regulations and learn when to expect their implementation. Tune in to ensure you are up to date and prepared for the future of Title IX with your host, Courtney Bullard!

Key Points From This Episode:

We kick things off by learning about some NPRM resources.
When the comment period ends concerning the proposed NPRM regulations.
What happens after the comment period ends.
Find out when the proposed NPRM will be finalized.
Learn how the scope of the proposed regulations has expanded.
How behavior may trigger the proposed regulations.
The expansion of mandated training and who this would include.
Changes that have been made regarding employee reporting commitments.
An overview of the additional and modified definitions.
How the Title IX coordinator's role will change with the new regulations.
Details about how the definition of Title IX sexual harassment will change.
Modifications to the grievance process and what it encompasses explained.
When an informal resolution can be implemented and the role of a Title IX coordinator.
The proposed approach to retaliation protection in the new regulations.
Ways in which the new regulations will deal with discrimination concerning pregnancy.
An outline of the proposed expansion of record-keeping requirements.

Links Mentioned in Today’s Episode:

Religious Exemption Accountability Project

Courtney Bullard Email

ICS NPRM Webpage

NPRM Sample Information Email

Episode 48: Title IX Religious Exemptions May 26, 2022

Welcome back to the Law and Education Podcast! Today’s episode is an informational conversation on the topic of religious exemptions. Over 60% of our clients and community partners are faith-based institutions, so we have been fielding an increasingly high number of questions in the changing landscape. Tune in to learn how to prove that your school or institution qualifies for a religious exemption and hear about the key cases that have brought the exception into question. If your institution intends to use this exemption, you should carefully review the requirements to ensure that any prohibited conduct is closely aligned with your religious tenets. We end our podcast with practical advice on utilizing the summer to prepare for next year. Thanks for tuning in!

Key Points From This Episode:

An introduction to today’s topic and what motivated us to talk about it.
Why the burden is on an institution to prove that it qualifies for a religious exemption.
The six ways an institution can qualify for the religious exemption.
The new Religious Liberty and Free Inquiry Rule that may alter these requirements.
A key case on the issue involving Fuller Seminary in 2021 around the dismissal of students married to people of the same sex.
The response of LGBTQ+ students contesting the Title IX exemption.
Hunter v Department of Education: the class action where plaintiffs allege that the exemption allows taxpayer funded religious institutions to abuse and oppress LGBTQ+ students.
The further claim that the lack of action allows LGBTQ+ students to be exposed to conversion therapy, sexual abuse, and harassment in schools.
An example of BYU school in Utah that has banned dating between LGBTQ students.
The Clarks Summit case where a student was reported to be in a same-sex relationship and thus not permitted to graduate.
What to consider as a faith-based institution: clarify your religious tenets, keep your policies narrowly tailored, and widely disseminate them.
Why it is important to be mindful of retaliatory actions regardless of whether someone is a member of the LGBTQ+ community.
The importance of consulting legal counsel.
Why, if you intend to use this exemption, you should carefully review the requirements to ensure that any prohibited conduct is closely aligned with your religious tenets.
Resources to learn more: the broad post on our website and the Religious Exemption Accountability Project.
How you non-Community Partners can join our LISTSERV dedicated to faith-based institutions for 6 months.
What ICS is busy with at the moment, assisting on the ground, and partnering with you.
Why summer is the time to review your policies and procedures.
Title IX University and the benefits of becoming an ICS partner.

Links Mentioned in Today’s Episode:

Steven M. Richard on LinkedIn

Courtney Bullard Email

Episode 47: Title IX litigation update with Steven Richard May 19, 2022

In today’s episode, Courtney talks Title IX litigation with Steven Richard, a highly experienced trial and appellate lawyer who handles commercial, higher education, privacy, and employment cases on federal and state court levels. We find out about Steven’s educational and professional background, a pivotal moment for Title IX case law with a recent Supreme Court decision in Cummings, considerations on how to effectively litigate in the Title IX context, the current challenges litigating Title IX cases, the role the media plays in creating bias, alternative courses of action for plaintiffs, and much more. Learn about a fascinating and evolving space with expert Steven M. Richard. Title IX lawyers, you will not want to miss this episode.

Key Points From This Episode:

Details about the September 15th live K-12 Investigator training.
A pivotal moment in Steven’s career regarding a Title IX case.
Why two past Supreme Court decisions are essential to higher education law.
Some of the challenges applying Gebser and Davis case law in real-world scenarios.
Why it is essential for a grass-roots approach to compliance with Title IX on campus.
One of the challenges in explaining Title IX compliance in the courtroom.
The constant challenge of dealing with bias challenges in Title IX litigation.
Steven shares his thoughts on the NPRM.
Rundown of whether the Supreme Court will revisit the Davis causation requirement.
Issues media coverage can cause to the reputation and narrative of a particular case.
Steven breakdowns the recent Supreme Court opinion, Cummings, that is a game changer in Title IX litigation.
Alternative courses of action a plaintiff can make to recover damages outside of Title IX.
Explanation of the current litigation trends in Title IX that Steven is experiencing in his practice.
Why Steven believes understanding Title IX and the context is so important to being a Title IX litigator.
Importance of recognizing the differences between law enforcement and college responses.
Discussion about the future of Title IX and how it might change.

Links Mentioned in Today’s Episode:

Steven M. Richard

Steven M. Richard on Twitter

Nixon Peabody Blog

Will the Supreme Court revisit Davis’ causation requirement?

Supreme Court rules that emotional injury damages are not recoverable under Spending Clause statutes, which include Title VI and Title IX

Ninth Circuit holds that university is not liable under Title IX for assault in an off-campus residence

Episode 46: Parallel Criminal and Title IX Processes with Betsy Smith Mar 17, 2022

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:

Episode 45: Celebrating Women Mar 10, 2022

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

Celeste Bradley on LinkedIn

Courtney Bullard Email

Episode 44: BIT.... with Brian Van Brunt Feb 17, 2022

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!

Episode 43: Gender Equity in Athletics and Transgender Participation in Sports with Nancy Hogshead-Makar (Part 2) Feb 10, 2022

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.

Episode 42: Gender Equity in Athletics and Transgender Participation in Sports with Nancy Hogshead-Makar (Part 1) Feb 04, 2022

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.

Episode 41: Restorative Justice, ADR and Title IX work with Dr. Kaaren Williamsen Jan 27, 2022

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.

Episode 40: Federal Law in Educational Institutions with Celeste Bradley Jan 20, 2022

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.

Episode 39: The Relaunch Episode - Updates on ICS and Title IX Jan 13, 2022

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!

Episode 38: Dr. Laura McGuire on consent, trauma-informed practices and restorative justice Apr 08, 2021

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.

Episode 37: Kick off to 2021: What's Next in Title IX Mar 01, 2021

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:

Bostock V. Clayton County

Courtney Bullard Email

Episode 36: Impact of the Election on Title IX with Joe Storch, Jody Shipper, and Scott Schneider Dec 07, 2020

There is no doubt that politics affects education. With a new administration likely to take office in January, what are the changes we can expect to see in Title IX space under Joe Biden’s presidency? In this episode, Jody Shipper, Title IX consultant and Managing Director at Grand River Solutions, Scott Schneider, litigator and lawyer at Husch Blackwell, and Joe Storch, in-house counsel at SUNY, share their unique perspectives on the implications of the election on Title IX. We kick off with a recap of the developments that have happened in the last 90 days under the Trump administration, including the controversial diversity executive order. As we know, this has been a busy summer in the Title IX space. While everyone has been working furiously to get their ducks in a row, many of us can’t help but wonder if the hard work will go to waste should the regulations fall away. Jody, Scott and Joe all share their view on this issue. The conversation also covers the circuit courts’ handling of Title IX issues and the lack of uniformity as well as the single investigator model. We wrap up with a look at 2021, where we hear how we can prepare for the upcoming year. It was a great conversation, so be sure to tune in today!

Key Points From This Episode:

Implications of the developments in the Title IX space over the past 90 days under the Trump administration.
Why Jody recommends taking the Clery Act training with Joe.
What Scott predicts will happen under the Biden administration with the diversity executive order.
The work that Barack Obama did around the Office for Civil Rights with respect to Title IX.
Why Jody believes that even if the regulations fall away, the work put in is not for nothing.
Some of the important takeaways from working on the regulations over the summer.
Joe’s regrets over the time spent focusing on compliance rather than issues like student mental health this summer.
What stands out to Scott about the regulations and important conversations that have resulted.
Why Joe finds it interesting that Doe v. Baum has not been adopted uniformly across the circuit courts.
Positive changes in the evidence review processes that have come with the regulations.
The inconsistent application of the constitutional due process at private schools across different issues.
Jody’s argument for – in specific cases only – the single investigator model.
The important distinction some courts have made between reliability and credibility cases.
Why Joe feels the outrage at the single investigator model is somewhat unfounded.
Scott’s take on what might happen in the compliance and enforcement space under Joe Biden.
Finals words from the guests on preparing for 2021.

Tweetables:

“From a compliance standpoint, it wouldn’t surprise me if there was more activity around Clery enforcement than probably any other administration.” — @EdLawDude [0:09:04]

“Reviewing your policies shouldn’t be something that only happens when there’s a change in the presidential administration or new regulatory framework. It needs to happen more often.” — @JodyShipper [0:12:10]

“We’ve all talked about how sad we’ve become that this issue that we all care about and have devoted our careers to has become part of a political atmosphere. Red Title IX; Blue Title IX. I think we all yearn for a day when it returns to doing the right thing under civil rights law and the law and regulations.” — @JosephStorchNY [0:15:15]

“Everyone should be doing in January what they were doing in October, November, and December, in other words, right now, and the same thing for February, March, and April, unless and until there is something new that comes out that changes the approach.” — @JodyShipper [0:37:48]

“I am a little worried that sometimes our Title IX coordinators are focusing way too much attention on some small details and maybe missing bigger narratives.” — @EdLawDude [0:40:39]

“Our best response will never be as good as a prevented violation.” — @JosephStorchNY [0:42:52]

Links Mentioned in Today’s Episode:

Joe Storch

Scott Schneider on Twitter

Jody Shipper

Jody Shipper on Twitter

Grand River Solutions

Scott Schneider

Husch Blackwell

The Handbook for Campus Safety and Security

Joe Biden Kamala Harris

Barack Obama

Office for Civil Rights

Doe v. Baum

Episode 35: Department of Education Announcement Rescinding Clery Guidance with John Graff — Special Episode Part 2 Nov 17, 2020

This is the second part of our series with John Graff, taken from his Higher Ground Podcast, where he discusses the U.S. Department of Education’s new Clery Act compliance guidance. In part one we heard about the context for the announcement — the developments leading up to the Department’s drastic reversal of its longstanding guidance. Looking at that context in today's episode, John analyzes the new guidance, discusses what it means, and suggests what schools might expect to see in the Clery compliance and auditing world in the near future. We get to hear from John about the high-level takeaways from the new guidance, the timing of these decisions, what it all means in the current political circumstances, and what might happen in the next year with regards to regulation. John offers loads of details and helpful insight into all the technical aspects of this topic and provides listeners with a lot think about, so make sure to join us for this informative exploration!

Key Points From This Episode:

Recapping the points of discussion from part one and what we will be covered in part two.
Getting into the most important high-level takeaways from the new guidance.
Less complicated definitions and clearer meanings and usage of terms
Statute and regulation are all-important when it comes to the new guidelines.
The timing around the new guidance and it relation to the political climate
The department's deferential approach to guidance in the short term.
Significance around the new ways that CSAs will be defined.
Clery geography requirements; the likelihood of the end of the 'one mile rule'.
Areas in which the guidance has significantly fallen short.
Going over the new guidance and what we can learn from its length and language.
Thoughts going forward and the next year in the Clery space.

Tweetables:

“I think we have good reason to believe that a lot of this is going to stick going forward, no matter who takes office in the White House next.” — @jtgraff [0:09:41]

“School's are much better today, when it comes to transparency, they know more about the law.” — @jtgraff [0:34:04]

“I think higher-ed will continue to struggle with the timely warning question.” — @jtgraff [0:41:04]

Links Mentioned in Today’s Episode:

HRW Higher Ground on Twitter

Hirsch Roberts Weinstein

Department of Education Announcement Rescinding Clery Handbook (October 9, 2020)

Recalibrating Regulation of Colleges and Universities, Report on the Task Force on Federal Regulation in Higher Education (2015)

Hot Topics In Title IX Compliance

Episode 34: Department of Education Announcement Rescinding Clery Guidance with John Graff — Special Episode Part 1 Oct 27, 2020

Today we are doing something a little special and different! This episode is taken from our friends at the Higher Ground Podcast and features John Graff looking at the recent rescinding of the Clery Handbook by the Department of Education and the array of implications of this motion. John goes into loads of detail and gives a great overview of the decision, providing listeners with both forward and backward-facing context on the issue. This episode makes up part one of two on the subject, with part two to follow shortly. The Department's announcement constitutes a drastic shift in its own interpretation of the role the Clery Handbook and Department guidance should play in Clery compliance and enforcement. John breaks down the October 9 announcement, a 2014 Senate hearing addressing the Department's enforcement of its own guidance, the 2015 Recalibrating Regulation of Colleges and Universities, Report on the Task Force on Federal Regulation in Higher Education, and two recent media opinion pieces. All of this aids us in a better understanding of the Department's October 9 action and Clery compliance going forward. In part two, John will analyze the new replacement guidance in light of the material discussed in part one with an eye toward laying out what Clery compliance likely will look like during 2021. Tune in to get it all!

Key Points From This Episode:

Questions arising after the announcement about the rescinding of the Clery Handbook.
A roadmap of this discussion and the way the information is organized across two episodes.
The particulars and an explanation of the Clery announcement.
The Education Department's likely motivations for these adjustments.
Unpacking the findings from the task force report on federal regulation in higher education.
Looking at the specific Clery regulations mentioned in the task force report.
The role of contractors in working with institutions.
Some illuminating excerpts from the 2014 Senate hearing on Clery guidance.
A better understanding of the Department of Education's process in dealing with cases.
The complicated issue of the efficacy of timely warnings.
Who should make expert judgments and the dangers of wasting resources on reports.
Where to from here and what to expect in part two of this series.

Tweetables:

“I would caution everyone out there to not make any sudden moves.” — @jtgraff [0:05:17]

“The task force report cites ten specific regulations of concern.” — @jtgraff [0:22:01]

“It takes time to work through 300 pages of guidance that impact every aspect of your compliance strategy.” — @jtgraff [0:23:50]

“Reporting errors are inevitable. The task force is acknowledging that schools are going to get it wrong through no fault of their own.” — @jtgraff [0:44:04]

Links Mentioned in Today’s Episode:

HRW Higher Ground on Twitter

Hirsch Roberts Weinstein

Joseph Storch

Department of Education Announcement Rescinding Clery Handbook (October 9 2020)

Recalibrating Regulation of Colleges and Universities, Report on the Task Force on Federal Regulation in Higher Education (2015)

June 26 2014 Senate Hearing on Campus Sexual Assaults

Clery Act Does Little Improve Campus Safety Even During Pandemic — 'It's Time to Reform the Clery Act'

'Opinion: Clery Act Wastes College and University Resources'

'The Clery Act and Overseas/Distance Study: New Developments and Compliance Guidance 2016'

Students Faculty Don't Always React Quickly Emergency Alerts — 'Should Stay or Should Go? Jake New (December 9 2014)'

Hot Topics In Title IX Compliance

Episode 33: Putting Policy Into Practice Informational Oct 01, 2020

As a way to stay abreast of the current Title IX climate, we have put together this short, informational episode at a time when schools are practically installing and experiencing the new regulations. This episode takes the form of a brief list of pain points that have been identified since these new policies have been put into practice and new reports of sexual harassment are being received. We talk about the overwhelm that 2020 has caused, from the global pandemic and quarantine to the issues specific to the Title IX space. The challenge of filling roles now that schools are back is also mentioned before we run through the evaluation process, issues with complaint-filing, and more. Make sure to join us for this quick update on some important aspects of the Title IX landscape!

Key Points From This Episode:

Many of us are still reeling from the pandemic, the new regulations and returning to a new normal.
Advice for tackling the challenges of finding people to fill new roles.
The process of evaluation; the complexity of definitions in the Title IX space currently.
Considerations for Title IX Coordinators on when to sign a Formal Complaint.
The importance of smooth transitions in your Title IX process.

Tweetables:

“Take a deep breath, do what you can, and document any delays in meeting the department of education's August 14th deadline.” — @ICSLawyer [0:01:17]

“The Title IX process itself is prescriptive. Many of you are still determining your internal process and who is going to serve in those key Title IX roles.” — @ICSLawyer [0:06:05]

Links Mentioned in Today’s Episode:

Courtney Bullard Email

Episode 32: Hiring Externally for the roles of key Title IX officials with Elizabeth H. Canning/Putting Policy Into Practice Series Sep 17, 2020

Joining us on the podcast today to look at the question of bringing external assistance into a Title IX office is Elizabeth H. Canning. Elizabeth has a decade of experience in Title IX and works as a lawyer and human resources professional. We get to hear about the different roles she has occupied at institutions and what her professional setup looks like currently before we dive into the meat of the conversation. Elizabeth's practice helps both schools and workplaces to meet their compliance obligations and get through implementation successfully. Her ultimate goal is to help to create more compliant, productive, and equitable environments. In our chat, we look at the roles that are most suited to bringing in external personnel and Elizabeth underlines the importance of implementation, inclusion, and intersectionality, within and outside of the Title IX space.

We also discuss what it means to be transparent and how much this can aid anyone stepping into a new role. Elizabeth's main point in hiring externally for the roles of external investigator, decision-maker, and even advisor, is the need for clear communication, a sense of understanding, and the appropriate provision of information — these are the keys to successful projects. To finish off our conversation, we turn to some more light-hearted subjects and Elizabeth explains her passion for bee-keeping and how she has been keeping busy during the pandemic! Join us for it all!

Key Points From This Episode:

Elizabeth's professional history and work in the Title IX space.
The current position that Elizabeth occupies and what this role entails.
Creating a welcoming and inclusive environment for students and employees.
The role of external personnel in Title IX; staffing, skills and other considerations.
What it means to be a good internal advisor — information and training.
Elizabeth's advice for institutions looking to hire externally for one of these roles.
Transparency and understanding with people coming in — being clear from the start.
The centrality of relevant evidence to an investigation and how this relies on a real understanding of the field.
The difference between taking training and being qualified.
Hiring processes for external professionals; ideal scenarios and a front-end approach.
The constant process of learning and the indispensability of experience!
Going beyond the basics of the regulations and taking on the challenge of real implementation.
Mapping and recording the work that is needed; how much this can help the institution.
Fun facts with Elizabeth; COVID activities, bee-keeping, and more!

Tweetables:

“My work involves overall helping institutions with all forms of discrimination. It goes from creating policies and procedures to training and investigations.” — @ecanninglaw [0:05:44]

“The best advisors are the ones that are really informed.” — @ecanninglaw [0:19:16]

“Any external person, you need to have really good communication with and you have to be on the same page. They have to be someone who you feel you can communicate with easily.” — @ecanninglaw [0:28:18]

“You want to make sure that you work with people who understand what it looks like for you to do this work, because if you are just given a ton of stuff and they haven't narrowed it down, that is going to be very confusing.” — @ecanninglaw [0:40:58]

Links Mentioned in Today’s Episode:

Elizabeth H. Canning on Twitter

Elizabeth H. Canning

Courtney Bullard Email

https://icslawyer.com/#blog [can you add this “Putting Policy Into Practice Blog Series]

Prevention is an Olive Tree — Update on the New Title IX Regulations with Joe Storch Jul 30, 2020

We welcome Joe Storch from SUNY back to the show today to chat some more about the new regulations in Title IX and get into some thoughts on the power of prevention. We use this episode as an update on the current goings-on in the litigation around the new regulations but also use it as a jumping-off point for a host of other relevant issues in the space right now. It feels like the year 2020 has so much going on, on so many levels, inside and outside of the Title IX world. The current global context and pandemic have ramifications for us all but there is also the upcoming US presidential election, ongoing issues that have bubbled to the surface in higher education, and the compounding effect of all of these! Joe takes this opportunity to make a strong argument for the importance of prevention and why its longer-term process is what we should all be aiming for. He likens prevention to an olive tree, a crop that takes many years to bear fruit and a symbol of a stable society. Contrasted with the immediate measures that seem to have been favored in the formulation of the new Title IX regulations, prevention will better serve those concerned and society as a whole. At the end of the episode, Joe also shares some useful and inspiring information about the SPECTRUM Conference at SUNY and the amazing outcomes he has already witnessed as a result of the event. We finish off with a message of hope for those of us in the higher education space; it can feel like a particularly difficult time in this line of work at present but the commitment of those working across the country does offer a silver lining and a reason for optimism!

Key Points From This Episode:

The last couple of weeks in the litigation around the new regulations.
National and state injunctions and the considerations around these.
Estimated times for the judge's ruling; why there is an expectation surrounding August 3rd.
Possible impacts of the upcoming presidential election on the regulations.
Preventative measures and the investment needed in this area for Title IX.
The olive tree of prevention — immediate responses do not solve long term problems.
Research going into contributive causes of cases and the need for governmental support.
The development of the SPECTRUM Conference hosted by SUNY.
Compounded challenges facing marginalized communities — family, access, and belief.
Two success stories from the conference and how these examples underline the need for access.
Speakers and sessions at the SPECTRUM Conference — what attendees can look forward to!
Hope for the higher education space; what it means to have such amazing people involved.
The power of the joint guidance idea — coming together for everyone's benefit.

Tweetables:

“My hope is that the next administration, whether it is next year or five years from now, would try and take that middle of the road approach, bring all the parties together.” — @JosephStorchNY [0:15:31]

“I see prevention as an investment, not an expense.” — @JosephStorchNY [0:20:49]

“We don't have great evidence of primary prevention and we don't have great evidence of things outside of bystander intervention.” — @JosephStorchNY [0:22:02]

“Prevention is really an olive tree and you have to be willing to invest time and resources now in order to bear fruit years down the line. Because you have to change the entire culture.” — @JosephStorchNY [0:25:21]

Links Mentioned in Today’s Episode:

Joe Storch

Hot Topics In Title IX Compliance

Donald Trump

Joe Biden

SPECTRUM Conference

Courtney Bullard Email

Informational Episode: What will implementation of the new regulations look like? Jul 23, 2020

In this brief informational episode, Courtney discusses prioritizing compliance obligations for meeting the August 14th deadline imposed by the Department of Education for implementation of the new Title IX regulations, her words of advice regarding using model policies as a jumping-off point, the work that must be done after August 14th, her experience working with and talking to Title IX professionals during this time as colleges and school districts juggle these compliance obligations against the planning and decision making for reopening, and more. Expect a new episode each week up through the August 14th deadline discussing different aspects of the new Title IX regulations and updates on the legal challenges to the regulations.

Episode 29: Litigation Against the New Title IX Regulations with Jake Sapp Part 2 Jul 02, 2020

In this episode, Courtney continues her conversation with Jake Sapp on the legal challenges to the new Title IX regulations. Jake is the Deputy Title IX Coordinator and Compliance Officer for Austin College and holds a JD from Stetson. He is well versed in the Title IX litigation landscape and provides some synthesis of this complex topic as we talk about the selection of lawsuits that are underway at present, the challenges that Jake foresees for institutions and coordinators, and what exactly has been happening in the Supreme Court in the last couple of weeks! If you have not yet listened to part one of this conversation make sure to double back and give it some ears.

Key Points from This Episode:

The array of lawsuits and cases that are currently in progress.
Foreseeable challenges on the horizon; the department's response and more.
The likelihood of the success of these injunctions — when will enforcement happen?
This week in the Supreme Court and the surprising rulings that have been made.
The historical importance of Title VI and VII to this conversation.
Unpacking the constituent parts of Title VI and Title VII.
The bathroom bills and the potential challenges to these laws.
Jake's valuable webinar series and the subjects they are focusing on.

Tweetables:

“There's not too many different courses of action but there is so many different pieces under each challenge.” — @JakeHigherEdLaw [0:10:40]

“In my mind, the main players have already filed their complaints.” — @JakeHigherEdLaw [0:12:18]

“I think that the department is going to wait to respond for as long as possible, so that they don't show their hand.” — @JakeHigherEdLaw [0:12:40]

“I think that there is a strong possibility that we are going to see the enforcement date, on August the 14th, not actually be the date of enforcement.” — @JakeHigherEdLaw [0:15:16]

Links Mentioned in Today’s Episode:

Stetson University College of Law

Jake Sapp

Jake Sapp on Twitter

Austin College

Courtney Bullard Email

Episode 28: Legal Challenges to the New Title IX Regulations with Jake Sapp Part 1 Jun 25, 2020

Joining Courtney to discuss legal challenges to the new Title IX regulations that were issued on May 6th is Jake Sapp! Jake is the Deputy Title IX Coordinator and Compliance Officer for Austin College and holds a JD from Stetson. He is very well versed in the current Title IX landscape as well as the important precedents relevant to the space. Jake has a large amount of experience speaking on the topics of Title IX and its related legal trends, so who better to join Courtney in this in-depth discussion. Since their issuing, there have been procedural and substantive challenges to these new regulations. These legal challenges are complex with many layers with much to unpack so the conversation is broken down into two parts. For this installment, we look into the litigation and the grounds on which it plants its argument. Jake explains the areas that these lawsuits are challenging, including the injunctive relief sought and whether it will impact the August 14th implementation deadline. We then look into possible outcomes and what can be realistically expected by institutions and Title IX professionals. Don't forget to stay tuned for part two!

Key Points From This Episode:

Whether the litigation that challenges the new regulations will impact the August 14th deadline.
How these injunctions might play out across different states and nationally.
A better understanding of injunctions and what is being asked in these cases specifically.
How things officially stand with regards to the implementation date.
The arguments around the administrative procedure act and what is being challenged.
Some of the keys areas of substantive and procedural challenges to the new regulations found in the current lawsuits, generally.
How the Title IX regulations impact state laws and the issue of preemption.
What these lawsuits are hoping to achieve; halting immediate enforcement and invalidation of certain parts of the rules.
Responsibilities of the agency in the issuing of new rules; what is necessary and what is not.
The basis for an arbitrary and capricious argument against a federal agency.
Possible outcomes of the court cases and what will happen to the regulations.

Tweetables:

“When you issue these injunctions, you can have inconsistent rulings across different states.” — Jake Sapp [0:17:55]

“Agencies have to show their work, they have to give the information they use to reach a design and have to show why.” — Jake Sapp [0:36:22]

“You have to look at, is the agency decision a product of illogical or inconsistent reasoning? Did it fail to consider important factors relevant to the actions?” — Jake Sapp [0:36:41]

Links Mentioned in Today’s Episode:

Stetson University College of Law

Jake Sapp

Austin College

Melissa Carleton on Twitter

Courtney Bullard Email

Episode 27 - Implications of Title IX Regulations for K-12 and Higher Education with Melissa Carleton Jun 04, 2020

There’s no question that these are unprecedented times for everyone, including school districts and institutes of higher education. COVID, killer bees, natural disasters, and now the new Title IX regulations issued by the department of education. My guest this week is Melissa Carleton, a partner at Bricker & Eckler. Melissa advises higher education entities in a variety of areas, including student affairs, student conduct, disability accommodation, student confidentiality, policies, contract, governance, and employment matters. She also has a great deal of experience in guiding the institutional response to allegations of sexual abuse. She regularly works with colleges, universities, career technical schools, and K-12 school districts to comply with Title IX and, where applicable, the Clery Act, as well as implementing guidance and regulations. In today’s episode, we discuss the changes and challenges that the regulations present for school districts, due to Melissa’s experience in that area, and the work we’ve been doing together on the joint guidance. Tune in to find out more.

Key Points From This Episode:

What the implications of Title IX regulations mean for K12 vs. higher education institutions.
The challenges the new regulations pose for K-12.
The formal complaint and how it plays into the written notice of an investigation.
The new narrow definition of sexual harassment and higher requirements for analysis.
Parents and the danger of formal complaints that young children wouldn’t comprehend.
The visibility and role of Title IX coordinators in school districts.
Things to pay special attention to regarding Title IX regulations.
What Melissa would be doing if she weren’t a lawyer and the instrument she played in high school.

Tweetables:

“We’ve shifted to a paradigm where school districts need to have actual knowledge to take action on an allegation of sexual harassment, and the actual knowledge occurs when a formal complaint is filed” — @MCarletonOhio [0:10:15]

“At the K-12 level… if it doesn’t fall within the definition of sexual harassment… How are you going to address that behavior so that it doesn’t rise to the level of sexual harassment?” — @MCarletonOhio [0:12:37]

Links Mentioned in Today’s Episode:

ICS Events

Courtney Bullard Email

Episode 26 - Reactions to the New Title IX Regulations with Joe Storch May 14, 2020

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:

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

Joe Storch

Nacua

Harry Potter

Courtney Bullard Email

Episode 25: Are the New Title IX Regulations Imminent And What It Means with John Graff and Scott Schneider Apr 30, 2020

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:

Scott Schneider on Twitter

Scott Schneider

Scott Schneider Number

The Chronicle of Higher Education

Courtney Bullard Email

Courtney Bullard Number

Episode 24: A Clearer Understanding of Title IX in the School System with Megan Farrell Apr 23, 2020

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:

Palo Alto Unified School District

Megan Farrell

Courtney Bullard Email

Episode 23: Title IX Compliance for Faculty, Students, and Staff with Elizabeth Conklin from the University of Connecticut Apr 02, 2020

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:

Elizabeth Conklin on LinkedIn

University of Tennessee

University of Connecticut

Episode 22: Title IX Compliance in a COVID-19 world Mar 19, 2020

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:

Courtney Bullard’s email

Episode 21: Filling the Title IX and Clery Gap in Schools and Universities with Jody Shipper, Part 2 Mar 05, 2020

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

Jodie Shipper on LinkedIn

Episode 20: Filling the Title IX and Clery Gap in Schools and Universities with Jodie Shipper, Part 1 Feb 27, 2020

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:

Grand River Solutions

Jeanne Clery

Hot Topics in Title IX Conference

Fierberg National Law Group

Episode 19: Doug Fierberg, attorney for the Gruver family against LSU, on Fraternity and Campus Hazing, Sexual Assault, and Title IX Violations by Schools Feb 13, 2020

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 on Twitter

Hot Topics in Title IX Conference

Louisiana State University

Rolling Stone

Virginia Tech Shooting

Episode 18: Kink and LGBTQI+ Culture in the Title IX Space with Stephanie Lott: Part 2 Feb 06, 2020

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

Hot Topics in Title IX Compliance Conference

Theatre Intimacy Education

Speak Out

Episode 17: Kink and LGBTQI+ Culture in the Title IX Space with Stephanie Lott: Part 1 Jan 30, 2020

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

Hot Topics in Title IX Compliance Conference

Theatre Intimacy Education

Speak Out

Episode 16: Tracking Trends, Athletics, and Title IX Compliance for School Districts with Betsy Smith Jan 16, 2020

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:

Hot Topics in Title IX Conference