Many in the Title IX field watched last week as two different federal courts denied challenges to the validity of the 2020 Title IX regulations under the Administrative Procedure Act (APA). The regulations survived these...more
Q: Is there any guidance or best practices concerning sharing information about reports that involve the same respondent? For example, two students have reported being sexually assaulted by the same respondent. Would it be...more
This topic is raised fairly frequently by members of the National Association for Behavioral Intervention and Threat Assessment (NABITA). This Tip of the Week offers key understandings and best practices and is adapted from a...more
Race is always important, even when sex discrimination is the main focus of a complaint. To effectively implement a Title IX resolution process, Title IX administrators must be cognizant of the intersectionality of race and...more
The field is awash in investigators of all kinds. I assume many of them are expert investigators, but who knows? What’s rare, though, is an investigator who’s also a subject matter expert (SME) on the topic they’re...more
The Title IX risk management space is complex and ever-changing. As such, TNG and ATIXA continue to leverage a non-linear approach to problem-solving to provide the best possible outcomes for our clients and members....more
Dear Brett:
My school needs an external civil rights investigation. We received quotes from a number of firms, and the per-hour cost varied by more than $200 over the various provider quotes. Can you help us understand...more
Since the 2020 Title IX regulations have taken effect, colleges all across the U.S. are scrambling to find advisors to accompany the parties through the formal resolution process. While many colleges and universities elect to...more
1/25/2021
/ Administrative Hearings ,
Colleges ,
Disciplinary Proceedings ,
Educational Institutions ,
Evidence ,
Gender-Based Violence ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
A recent three-part series “Important Things to Get Right About the Neurobiology of Trauma” released by the organization EVAW-I has interesting implications for training sexual assault investigators. Specifically, the second...more
A little more than ten years ago, I received what seemed like an odd request: would I be willing to serve as an expert witness in federal Title IX litigation? My perception had always been that most Title IX litigation...more
11/23/2020
/ Disciplinary Proceedings ,
Educational Institutions ,
Expert Witness ,
Gender-Based Violence ,
Litigation Strategies ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
It has been a week! We now know that Joe Biden is the President-Elect of the United States of America. There will still be some legal wrangling, and nothing is set in stone until the electors vote in December. But, assuming...more
11/9/2020
/ Biden Administration ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
OCR ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
It’s unlikely that online threats could be immediate threats to physical health or safety, unless the threatening individual is in close physical proximity to those being threatened, or the threat is pretty detailed and...more
11/9/2020
/ Colleges ,
Disciplinary Proceedings ,
Educational Institutions ,
First Amendment ,
Free Speech ,
Gender-Based Violence ,
Harassment ,
Online Platforms ,
Regulatory Requirements ,
Sexual Harassment ,
Students ,
Title IX ,
Universities
Many campuses, and ATIXA’s One Policy, Two Procedures (1P2P Model), incorporate the idea of having a specific role for a hearing facilitator, even though the role is not specifically contemplated by the regs. I am coming to...more