The Law &amp; Education

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

Show notes

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

Show notes

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

Show notes

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:

Joe Storch on Twitter

Grand River Solutions CHIPS Act of 2022

CHIPS and Science Act Includes Efforts to STEM Sexual Harassment

Lessons in Chemistry Brian van Brunt

Title IX at The University of Southern Mississippi (USM)

Courtney Bullard Email

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

Show notes

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:

Betsy Smith on LinkedIn

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

Show notes

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 on LinkedIn

Courtney Bullard Email

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

Show notes

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

Show notes

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

Show notes

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