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The Law & Education podcast discusses the many legal issues that affect colleges and universities and intersect with Title IX. Host Courtney Bullard interviews subject matter experts, thought leaders and advocates to provide a diverse perspective on these legal issues and Title IX compliance. Courtney also provides informational podcasts to address new changes in the law. Continue Reading >>
The Law & Education podcast discusses the many legal issues that affect colleges and universities and intersect with Title IX. Host Courtney Bullard interviews subject matter experts, thought leaders and advocates to provide a diverse perspective on these legal issues and Title IX compliance. Courtney also provides informational podcasts to address new changes in the law. << Show Less
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Episode 49: 2022 NPRM Top 10 things Has Title IX compliance got you stressed? Are you confused about the new 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 regulations, such as the proposed rule-making regarding Title IX. The academic year is in full swing, which means new students and employees, making it essential for institutions to ensure Title IX compliance. However, the proposed NPRM presents an additional layer of complexity for institutions to navigate through. There are mixed feelings about the proposed changes to Title IX, with some believing it is a progressive step forward and others considering the regulations idealistic. It is a complex topic that is beyond the scope of this podcast but, to help you get started, we have picked the top ten aspects that we think are imperative for you to know regarding the proposed regulations. We work through the most fundamental additions, modifications, and changes in the proposed Title IX regulations and learn when to expect their implementation. Specifically, we talk about the new scope of the proposed regulations, expectations regarding mandated training, changes to reporting commitments, and the role of the Title IX coordinator, as well as modifications to the grievance process, what behaviors may trigger the new regulations, and how the definition of sexual harassment has changed, plus more. 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 stick 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: ICS Lawyer Higher Ed Community Access K-12 Community Access Higher Ed Virtual Certified IX Training K-12 Virtual Certified Title IX Training ICS Blog Courtney Bullard on Twitter  Courtney Bullard Email  ICS NPRM Webpage NPRM Sample Information Email
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Episode 49: 2022 NPRM Top 10 things Has Title IX compliance got you stressed? Are you confused about the new 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 regulations, such as the proposed rule-making regarding Title IX. The academic year is in full swing, which means new students and employees, making it essential for institutions to ensure Title IX compliance. However, the proposed NPRM presents an additional layer of complexity for institutions to navigate through. There are mixed feelings about the proposed changes to Title IX, with some believing it is a progressive step forward and others considering the regulations idealistic. It is a complex topic that is beyond the scope of this podcast but, to help you get started, we have picked the top ten aspects that we think are imperative for you to know regarding the proposed regulations. We work through the most fundamental additions, modifications, and changes in the proposed Title IX regulations and learn when to expect their implementation. Specifically, we talk about the new scope of the proposed regulations, expectations regarding mandated training, changes to reporting commitments, and the role of the Title IX coordinator, as well as modifications to the grievance process, what behaviors may trigger the new regulations, and how the definition of sexual harassment has changed, plus more. 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 stick 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: ICS Lawyer Higher Ed Community Access K-12 Community Access Higher Ed Virtual Certified IX Training K-12 Virtual Certified Title IX Training ICS Blog Courtney Bullard on Twitter  Courtney Bullard Email  ICS NPRM Webpage NPRM Sample Information Email
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! 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: Religious Exemption Accountability Project ICS Lawyer Higher Ed Community Access K-12 Community Access Higher Ed Virtual Certified IX Training K-12 Virtual Certified Title IX Training ICS Blog Courtney Bullard on Twitter  Courtney Bullard Email
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.   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 LinkedIn 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  ICS Lawyer Higher Ed Community Access K-12 Community Access Higher Ed Virtual Certified IX Training K-12 Virtual Certified Title IX Training ICS Blog Courtney Bullard on Twitter
Episode 46: Parallel Criminal and Title IX Processes 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.   Key Points From This Episode: Introducing today’s guest, Betsy Smith, Senior Investigator, and Consultant at Institutional Compliance Solutions (ICS) and K12 Team Lead. The many questions we’ve been receiving about when a school is obligated to conduct a Title IX process while there is a simultaneous, or parallel criminal process happening. Betsy’s experience as a prosecutor and why she is uniquely equipped to talk about parallel criminal processes. The value of being trauma-informed and the knowledge Betsy gained prosecuting child sex crimes. The distinction between criminal and civil cases. What it means for two processes to be running parallel. The responsibility of law enforcement and institutions in parallel cases. An overview of how the criminal process works. What it means to have probable cause and the role of the prosecutor. Why parallel civil and criminal processes need to be separate and not be determinant of one another. Some of the things that can lead to the dismissal of a criminal case and why that does not prove the violation did not take place. How to avoid retraumatizing the complainant through multiple interviews by law enforcement and other figures. How an institution can establish a relationship with law enforcement when they have an obligation to pursue a Title IX process during a criminal investigation. Why the SRO position often feels like a dual role. Advice on who you can call to find out whether a violation has mandatory reporting status. The distinction between finding someone responsible versus guilty. Insights into the requirements for the terms ‘clear and convincing’, ‘preponderance of evidence’, and ‘beyond a reasonable doubt’. A breakdown of the violations that Title IX covers. Some of the new regulations around dating violence, domestic violence, and sexual assault. How Title IX obligations affect an investigation. Why recognizing a violation as a Title IX case from the start is so important. Betsy’s key pieces of advice for anyone dealing with domestic or dating violence cases. Why the Title IX coordinator needs support from other teams. The cycles of abuse and why a complainant may decide to withdraw from an investigation. Why your decisions as a Title IX coordinator need to prioritize keeping the complainant safe. Some tactical tips for when you have a parallel criminal process to your Title IX process at your school or campus.   Links Mentioned in Today’s Epi
Episode 45: Celebrating Women Given that we're celebrating Women's History Month and International Women's Day this week, today's installment is something a little different from our typical episode format. Today, we're celebrating the incredible team here at ICS who make the work we do, possible! Plus you'll hear some information about the history of International Women's Day, a day that is also underscored by the celebration of the 50th anniversary of Title IX this summer. We're also taking a moment to celebrate the women who've paved the way for our right to become lawyers and business owners. Finally, Courtney salutes the powerful women in her personal life that have supported and shaped her personal life. We hope you can join us for this moving shout-out celebrating everything powerfully WOMAN!   Key Points From This Episode: Celebrating the 50th anniversary of Title IV this summer! A brief history of how this bill came to pass. A bit about the incredible, all-female team here at ICS. A shout out of gratitude to two core team members that are the backbone of this company.  An outline of our culture here at ICS. Women's History Month: this year's theme, where it came from, and about Women's Day. A salute to Courtney's personal sheroes in her life.  Thinking about ways to set examples for the next generation!   Links Mentioned in Today’s Episode: Title IX Stamps Betsy Smith on LinkedIn  Celeste Bradley on LinkedIn ICS Lawyer ICS Blog Courtney Bullard on Twitter  Courtney Bullard Email  Higher Ed Community Access K-12 Community Access Higher Ed Virtual Certified IX Training K-12 Virtual Certified Title IX Training
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 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 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 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.
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