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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Show notes

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

Joe Storch on Twitter

Scott Schneider on Twitter

Jody Shipper

Jody Shipper on Twitter

Grand River Solutions

Scott Schneider

Husch Blackwell

John Graff on Twitter

Higher Ground Podcast

Joe Biden Kamala Harris

The Handbook for Campus Safety and Security

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

Show notes

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

John Graff on Twitter

Higher Ground Podcast

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

Show notes

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: