Episode 1: About this podcast and your host, Courtney Bullard
In this first episode, Courtney covers the purpose of The Law and Higher Ed Podcast, what you can expect from each episode, a primer on the law related to Title IX compliance and a little about her own background, including fun facts! #TitleIX #TitleIXCompliance #ICS #TitleIXLaw
Episode 2: The intersectionality of the ADA and Title IX with Dr. Michelle Rigler
Michelle, ADA expert and director of the Disability Resource Center at UTC, sits down with Courtney to discuss the ADA and ways that accommodations may present themselves in Title IX Compliance and other matters. Michelle shares how she came to be an expert in the field, how she built a robust DRC at her institution, and the ways her office works with the Title IX Compliance and the process on campus. Her approach is so crucial at a time when more and more members of campus communities are presenting on the ASD spectrum. Legal primers, some basics on the unique considerations on Title IX training and Title IX Compliance for students with ASD and fun facts about Michelle are also part of the discussion. #TitleIXCompliance #TitleIX #TitleIXTraining #TitleIXOnlineTraining
Episode 3: A conversation with Tiffany Cox on microaggressions and Title IX
This episode explores microaggressions and the many ways they impact a college campus. Tiffany Cox, Title IX Coordinator for Rhodes College, explains what constitutes microaggressions and how they present themselves in the classroom, workplace, and even Title IX compliance. She provides great resources to consider in educating yourself and your campus to create a more inclusive environment. A former practicing attorney and law student with Courtney, Tiffany also shares how she came into higher education, diversity and inclusion, and Title IX compliance and her experience working at a large state institution versus a small private college. #TitleIXCompliance #TitleIXTraining #TitleIXHigherEd #TitleIX #TitleIXLaw
Episode 4: The tragic consequences of hazing: Lianne Kowiak shares her story
Tragically, Harrison Kowiak passed away as a freshman in college in a hazing incident. His mother, Lianne, has become an advocate sharing Harrison’s story across the country to hopefully prevent another family from experiencing the same heart break. A moving conversation, Lianne shares not only Harrison’s life, but the moments when they were with him as a family when he passed away – something no family ever expects to endure. Lianne also breaks down the definition of hazing and provides some sobering statistics at the K-12 and college level. #TitleIXBullying #TitleIXHazing #TitleIXLaw #TitleIX
Episode 5: Informational Episode – Know Your Role in Title IX Compliance
In this informational episode, Courtney provides the foundation for her practice – ensuring everyone on campus knows their role in maintaining Title IX Compliance and compliance with related laws and regulations. Courtney shares a few examples of what can happen when folks either do not know their role in Title IX Compliance or do not know that they have a role, in compliance as well as some tips for Title IX Coordinators as they assess their campus compliance efforts. #TitleIX #TitleIXCompliance #TitleIXRole #TitleIXCoordinator #TitleIXAdministrator #TitleIXDecisonmaker #TitleIXProfessional #TitleIXInvestigator
Episode 6: Part 1 — Title IX Investigations the NPRM and more with Scott Schneider
Courtney and Scott had so much to discuss that this Episode is 2 parts! They have a candid discussion about the highs and lows of being a lawyer and what brought each of them to higher education law. Scott shares some interesting things that he worked on in-house (hint: A Camel Use Agreement for Hump Day) and you will hear about both of their experiences interviewing for the in-house position – so if you have any interest in going in-house this episode is for you! Scott also talks about when an institution should consider hiring an outside investigator for a Title IX matter. #TitleIXLaw #TitleIX #TitleIXInvestigator #TitleIXCompliance #TitleIXTraining #TitleIXRole #TitleIXAdministrator
Episode 7: Part 2 — Title IX Investigations the NPRM and more with Scott Schneider
Courtney and Scott continue their conversation, delving into the NPRM, the traits of a good Title IX investigator and the difficulties of the job. Do not miss the end where Scott shares what he would be doing if he were not a lawyer – which completely shocked Courtney – and his day of hooky (shhh…) where he learned that maybe there are some cool lawyers out there besides the two of them. #TitleIX #TitleIXLaw #TitleIXInvestigator #TitleIXRole #TitleIXCompliance
Episode 8: Part 1 – Due Process, Strong Title IX Policies, How to Create an Effective Title IX Team and More with Leigh Parker
Do you know the difference between due process and a fair process? In this episode, Courtney and Leigh Parker, Title IX Coordinator for Life University, delve into the many facets of Title IX compliance – there is so much content that it is divided up into 2 parts again! They touch on considerations for an effective Title IX Policy, conflicts of interest, who should serve on a Title IX team, due process versus a fair process and even self-care. Leigh brings her passion for the profession and her experience both advising independent colleges and now as a Title IX Coordinator to the conversation in sharing her philosophy on ensuring campuses comply with both the spirit and the letter of the law. They finish with some fun facts! #TitleIX #TitleIXLaw #TitleIXCoordinator #TitleIXTeam #TitleIXRole #TitleIXCompliance #TitleIXCoordinator #TitleIXDecisionMaker #TitleIXProfessionalDevelopment #TitleIXPolicy
Episode 9: Part 2- Due Process Strong Title IX Policies How to Create an Effective Title IX Team and More with Leigh Parker
In Part 2 of Courtney and Leigh’s conversation, they discuss how to manage conflicts of interest on your Title IX team, the single investigator model against current trends in litigation and self-care. Be sure to tune in to the end to learn about Leigh’s recipe for self-care and what she would be doing if she were not in higher ed…. Hint – Broadway!!! Title IX Coordinators and their team do not want to miss these episodes with Leigh Parker, Title IX Coordinator at Life University. #TitleIX #TitleIXRole #TitleIXCompliance #TitleIXTeam #TitleIXTraining #TitleIXProfessionalDevelopment #TitleIXCoordinator #TitleIXAdministrator
Episode 10: Informational: Courtney Bullard’s Top 10 for Title IX Coordinators
In Episode 10, Courtney shares the Top 10 mistakes she sees campuses make in their Title IX compliance efforts. Be sure to tune in to this informational episode if you are a Title IX Coordinator or Title IX investigator in order to be thinking critically about your campus process as you look to enter the new academic year. #TitleIX #TitleIXRole #TitleIXInvestigator #TitleIXCoordinator #TitleIXCompliance #TitleIXExpert #TitleIXTraining #TitleIXProfessionalDevelopment
Episode 11: Educating your trustees, the evolution of gender equity in athletics and youth sports with Bill Nuttall
In this episode, Courtney talks with her dad, Bill Nuttall, who is the Chairman for the Board of Trustees at his institution. They discuss educating your board of trustees from the perspective of a board member who served at a time that his institution faced a Title IX matter, as well as the broader concept of the role of a board member and a board on college campuses. Their conversation then turns to the evolution of gender equity in college athletics in the 70s and concludes with a discussion of youth sports and minors on campus. As always, Courtney ends with some fun facts – and that discussion bleeds into helicopter and curler parents. Title IX Coordinators, as well as parents of minors in youth sports, should tune in to this episode! #TitleIXAthletics #TitleIXHigherEducation #TitleIXHigherEd #TitleIXCoordinator #TitleIXAdministrator #TitleIXequity #TitleIXTraining #TitleIXLaw
Episode 12: An interview with Sarah Brown, Senior Reporter at the Chronicle for Higher Education, on the legal landscape in higher ed
Courtney sits down with Sarah Brown, Senior Reporter at the Chronicle, to discuss the complex landscape of higher education and what is grabbing her attention right now. They discuss the evolution of Title IX since 2011 from her perspective as a college student at the time, the challenges she faces in covering Title IX matters, Sarah’s article about the concept of “passing the harasser”, the hot legal landscape that exists from her perspective reporting on the myriad of issues facing colleges and universities today and so much more (hint: horse jockey!). If you work in higher ed, you do not want to miss this episode. #TitleIX #TitleIXHarassment #TitleIXLaw #TitleIXTraining #TitleIXHigherEd #TitleIXCompliance
Episode 13: Dr. Laura McGuire on consent, trauma-informed practices and restorative justice
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. #TitleIX #TitleIXHarassment #TitleIXSexualHarassment #TitleIXCoordinator #TitleIXInvestigator #TitleIXAdministrator #TitleIXCompliance #TitleIXLaw #TitleIXHigherEd #TitleIXK12
Episode 14: Title IX and International Programs with Jill Creighton
In this episode, Courtney talks with Jill Creighton, Dean of Students & Associate Vice President for Campus Life at Washington State University, about Title IX compliance and Clery compliance abroad. Jill shares her experience navigating Title IX and Clery requirements when she led student conduct efforts at 14 global locations across six continents for New York University. Jill also explains the importance of having an accessible process for international students, training considerations for study abroad programs, and her work on restorative justice. Be sure to tune in to the end where Jill, who is very well traveled (50 countries!) shares some of her top picks. #TitleIX #TitleIXHigherEd #TitleIXCompliance #TitleIXCoordinator #TitleIXAdministrator #TitleIXInvestigator
Episode 15: Informational Episode on the Circuit Split on Due Process in Title IX Cases
In this episode, Courtney provides an overview of the split between the 1st and 6th Circuit on whether due process in a sexual misconduct matter requires a live hearing and an ability for cross-examination in Doe v. Baum and Haidak v. U. Mass- Amherst. She also discusses the March 2019 USC ruling regarding what constitutes a Title IX “fair hearing” and its implications for private institutions. So much is happening on the litigation front in Title IX compliance – staying abreast of recent cases is critical for Title IX Professionals, Title IX Investigators, and Title IX Administrators. #TitleIX #TitleIXCompliance #TitleIXLaw #TitleIXHigherEd #TitleIXAdministrator #TitleIXDecisionMaker #TitleIXCoordinator #TitleIXInvestigator
Replay: About this podcast and your host, Courtney Bullard
In this first episode, Courtney covers the purpose of The Law and Higher Ed Podcast, what you can expect from each episode, a primer on the law related to Title IX compliance and a little about her own background, including fun facts!
Episode 16: Tracking Trends, Athletics, and Title IX Compliance for School Districts with Betsy Smith
In this episode, Courtney has a conversation with Betsy Smith, a senior Title IX investigator, and Title IX 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! #TitleIX #TitleIXAthletics #TitleIXHigherEd #TitleIXK12 #TitleIXCoordinator #TitleIXTraining #TitleIXLaw #TitleIXInvestigator
Episode 17: Kink and LGBTQI+ Culture in the Title IX Space with Stephanie Lott: Part 1
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 Title IX 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 investigators educating themselves about these communities. We also cover the steps Stephanie and her team have taken toward Arkansas State becoming a campus that is not only Title IX compliant, but 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 compliance in this space in this brilliant conversation, so make sure you don’t miss out on it. #TitleIX #TitleIXHigherEx #TitleIXSexualHarassment #TitleIXBullying #TitleIXLaw #TitleIXCoordinator #TitleIXInvestigator #TitleIXCompliance #TitleIXTraining #TitleIXOnlineTraining
Episode 18: Kink and LGBTQI+ Culture in the Title IX Space with Stephanie Lott: Part 2
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 Title IX Investigators, Title IX Witnesses, Title IX Complainants, and Title IX 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 Title IX case incredibly nuanced.
Knowing how to ask the right questions so that trust can be built is an essential part of the Title IX investigator’s 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 Title IX compliance 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. #TitleIX #TitleIXHigherEd #TitleIXLaw #TitleIXCompliance #TitleIXTraining #TitleIXOnlineTraining #TitleIXSexualHarassment #TitleIXInvestigator #TitleIXWitness #TitleIXExpert #TitleIXProfessional
Episode 19: Doug Fierberg, attorney for the Gruver family against LSU, on Fraternity and Campus Hazing, Sexual Assault, and Title IX Violations by Schools
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 compliance violations, gun violence, serious personal injury, wrongful death and other misconduct in schools. Most notably in recent Title IX compliance 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 Title IX law.
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 Administrators, Title IX Investigators, Title IX Decision Makers, and Title IX Lawyers in this area will want to tune in to this episode! #TitleIX #TitleIXLaw #TitleIXHigherEd #TitleIXWrongfulDeath #TitleIXCoordinator #TitleIXInvestigator #TitleIXDecisonMaker #TitleIXLawyer
Episode 20: Filling the Title IX and Clery Gap in Universities, with Jody Shipper: Part 1
Title IX compliance 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 compliance 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 compliance, 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 as far as Title IX compliance and Clery procedures, so make sure you learn all you can from her in this episode. #TitleIX #TitleIXCompliance #TitleIXProcedure #TitleIXLaw #TitleIXHigherEd #TitleIXCoordinator #TitleIXTraining #TitleIXProfessional
Episode 21: Filling the Title IX and Clery Gap in Universities, with Jody Shipper: Part 2
This episode continues Courtney’s deep dive with Jody Shipper into the complexities that typically arise concerning Title IX compliance, 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 compliance, 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 Title IX 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 Title IX 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 Title IX cautions and Title IX best practices on today’s topic so be sure to tune in for it. #TitleIX #TitleIXCompliance #TitleIXTraining #TitleIXProfessional #TitleIXHigherEd #TitleIXSexualMisconduct #TitleIXLaw #TitleIXInvestigator
Episode 22: Title IX Compliance in a COVID-19 World
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 Title IX 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 Title IX 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!#TitleIX #TitleIXCovid #TitleIXK12 #TitleIXHigherEd #TitleIXCoordinator #TitleIXLaw #TitleIXCompliance #TitleIXOnline #TitleIXInvestigator
Episode 23: Title IX Compliance for Faculty, Students and Staff, with Elizabeth Conklin from the University of Connecticut
The complexity of Title IX compliance 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 Title 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 to maintain Title IX compliance. 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 compliance 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! #TitleIX #TitleIXCompliance #TitleIXHigherEd #TitleIXDiversity #TitleIXLaw #TitleIXCoordinator #TitleIXAdministrator
Episode 24: A Clearer Understanding of Title IX in the School System, with Megan Farrell
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 compliance 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 different than Higher Education Title IX Compliance in many ways. In our conversation we cover a lot of ground, looking at the unique aspects of K-12 Title IX 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 Title IX 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! #TitleIX #TitleIXCompliance #TitleIXHigherEd #TitleIXK12 #TitleIXTraining #TitleIXOnlineTraining #TitleIXCoordinator
Episode 25: Are the New Title IX Regulations Imminent and What It Means, with John Graff and Scott Schneider
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 law, 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 in maintaining Title IX Compliance. Be sure to join the conversation to learn everything there is to know about the current status of the new Title IX regs! #TitleIX #TitleIXCompliance #TitleIXAdministrator #TitleIXInvestigator #TitleIXLaw #TitleIXHigherEd #TitleIXK12 #TitleIXCovid #TitleIXCoordinator
Episode 26: Reactions to the New Title IX Regulations with Joe Storch
We are living through unprecedented times both nationally and globally. For Title IX Professionals, Title IX Investigators, Title IX Coordinators, and Title IX Decision Makers, 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 preamble, and the foremost of these is related to the document’s length! With the official implementation date of these new Title IX 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 maintain Title IX Compliance under the new regulations.
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 to Title IX professionals 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! #TitleIX #TitleIXCompliance #TitleIXTraining #TitleIXOnline #TitleIXLaw #TitleIXK12 #TitleIXHigherEd #TitleIXNew #TitleIXCovid #TitleIXCoordinator #TitleIXInvestigator #TitleIXDecisionMaker
Episode 27: Implications of Title IX Regulations for K-12 and Higher Education with Melissa Carleton
There’s no question that these are unprecedented times for everyone, including k-12 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 maintain Title IX compliance and, where applicable, the Clery Act, as well as implementing Title IX compliance guidance and regulations. In today’s episode, we discuss the changes and challenges that the new regulations present regarding Title IX Compliance 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. #TitleIX #TitleIXCompliance #TitleIXK12 #TitleIXHigherEd #TitleIXCoordinator #TitleIXLaw #TitleIXSexualMisconduct #TitleIXTraining
Episode 28: Legal Challenges to the New Title IX Regulations with Jack Sapp, Part 1
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 Title IX Compliance Officer for Austin College and holds a JD from Stetson. He is very well versed in the current Title IX compliance 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 compliance, Title IX law 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 Title IX 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 Title IX litigation and the relevant aspects of Title IX on which it plants its argument. Jake explains the areas that these Title IX lawsuits are challenging, including the injunctive relief sought and whether it will impact the August 14th Title IX compliance 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! #TitleIX #TitleIXLaw #TitleIXHigherEd #TitleIXCompliance #TitleIXChange #TitleIXCoordinator #TitleIXComplianceOfficer
Episode 29: Litigation Against the New Title IX Regulations with Jack Sapp, Part 2
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 Title IX 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. #TitleIX #TitleIXCompliance #TitleIXHigherEd #TitleIXCoordinator #TitleIXComplianceOfficer #TitleIXLaw #TitleIXChange
Episode 30: Informational Episode: What Will Implementation of the New Regulations Look Like?
In this brief informational episode, Courtney discusses prioritizing Title IX 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 Title IX 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 Title IX 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. #TitleIX #TitleIXK12 #TitleIXHigherEd #TitleIXCoordinator #TitleIXCompliance #TitleIXProfessional #TitleIXChange #TitleIXTraining #TitleIXOnlineTraining #TitleIXLaw
Episode 31: Prevention is an Olive Tree – Update on the New Title IX Regulations with Joe Storch
We welcome Joe Storch from SUNY back to the show today to chat some more about the new regulations in Title IX compliance 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 Title IX regulations but also use it as a jumping-off point for a host of other relevant issues in the Title IX compliance 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 related to Title IX Compliance 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 in Title IX compliance 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! #TitleIX #TitleIXLaw #TitleIXCompliance #TitleIXCoordinator #TitleIXAdministrator #TitleIXHigherEd #TitleIXK12 #TitleIXChange #TitleIXCovid
Episode 32: Hiring Externally for the Roles of Key Title IX Officials with Elizabeth H. Canning / Putting Policy into Practice Series
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 compliance and works as a lawyer and human resources professional. We get to hear about the different roles, including Title IX professional 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 Title IX compliance obligations and get through implementation successfully. Her ultimate goal is to help to create more Title IX 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 Title IX professional role. Elizabeth’s main point in hiring externally for the roles of external Title IX investigator, Title IX decision-maker, and even Title IX 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! #TitleIX #TitleIXCompliance #TitleIXLaw #TitleIXHigherEd #TitleIXK12 #TitleIXTraining #TitleIXInvestigator #TitleIXDecisionMaker #TitleIXAdvisor #TitleIXProfessional
Episode 33: Putting Policy Into Practice Informational
As a way to stay abreast of the current Title IX compliance climate, we have put together this short, informational episode at a time when schools are practically installing and experiencing the new Title IX regulations. This episode takes the form of a brief list of pain points that have been identified since these new Title IX 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!
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! #TitleIXClery #TitleIXHigherEd #TitleIXK12 #TitleIXCoordinator #TitleIXTraining #TitleIXInvestigator #TitleIXAdministrator #TitleIX
Episode 35: Department of Education Announcement Rescinding Clery Guidance with John Graff – Special Episode Part 2
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! #TitleIXClery #TitleIXHigherEd #TitleIXK12 #TitleIXCoordinator #TitleIXTraining #TitleIXInvestigator #TitleIXAdministrator #TitleIX
Episode 36: Impact of the Election on Title IX with Joe Storch, Jody Shipper, and Scott Schneider
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 compliance 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 compliance 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! #TitleIX #TitleIXHigherEd #TitleIXLaw #TitleIXCoordinator #TitleIXCompliance #TitleIXChange #TitleIXAdministrator #TitleIXInvestigator
Episode 37: Kick off to 2021: What’s Next in Title IX
Today’s episode covers what could happen if a school is not following Title IX law, the enduring impact that Trump’s appointments may have on federal litigation, and why Title IX compliance 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 professionals 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 to get it all. #TitleIX #TitleIXHigherEd #TitleIXK12 #TitleIXLaw #TitleIXCompliance #TitleIXProfessional #TitleIXInvestigator
Episode 38: Dr. Laura McGuire on Consent, Trauma-Informed Practices and Restorative Justice
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 compliance 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! #TitleIX #TitleIXSexualHarassment #TitleIXCompliance #TitleIXTraining #TitleIXLaw #TitleIXProfessional #TitleIXHigherEd #TitleIXK12
Episode 39: The Relaunch Episode – Updates on ICS and Title IX
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 40: Federal Law in Educational Institutions with Celeste Bradley
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 41: Restorative Justice, ADR and Title IX work with Dr. Kaaren Williamsen
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 42: Gender Equity in Athletics and Transgender Participation in Sports with Nancy Hogshead-Makar (Part 1)
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 43:Gender Equity in Athletics and Transgender Participation in Sports with Nancy Hogshead-Makar (Part 2)
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 44:BIT…. with Brian Van Brunt
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 45:A Celebration of Women and Background on Women’s History Month
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!
Episode 46:Parallel Criminal and Title IX Process with Betsy Smith
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.
Episode 47:Title IX Litigation Update with Steven Richard
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.
Episode 48:Title IX Religious Exemptions
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!