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ATIXA Newsletter
March 21, 2019
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Join us in Minneapolis for Civil Rights Investigator Level Two Training & Certification!
Level Two investigator training is an intermediate level of training that builds on your skill set with more nuanced questioning techniques, a strong focus on questioning, record keeping and note-taking, managing complex investigations, and a topical exploration that broadens beyond the sexual misconduct focus of Level One. This training builds strong skills with frequent exercises and case studies that allow for high levels of interaction, analysis, and the application of various civil rights investigation techniques.
This training is for those who have some experience as investigators, or who have taken the ATIXA Level One training, previously. This training meets the required training mandates of Title IX and VAWA Section 304 for participants, whether you are a full-time investigator or have investigation responsibilities on top of other duties. Trauma-informed interviews and addressing pattern/predatory behavior are special topics of focus for this training. There will be a legal update on any new mandates that are timely, but this training is not as law-focused as the Level One training. It builds strong skills with frequent exercises on questioning, an emphasis on analysis by investigators, and case studies which allow for high levels of interaction and the application of various civil rights investigation techniques.
Learn more
here
.
Dates
: Thursday, June 6th & Friday June 7th, 2019
Register today by clicking
here.
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Proposed Regulations: Steps to be Taking Now Webinar
Complimentary for Super and Premium Level Members
Please go to the Member Webinar dropdown to obtain the recording free of charge
$249 for all other ATIXA Members
$349 for non-ATIXA Members
Click
here for details and to purchase this webinar recording.
Are you feeling like you're caught in Title IX limbo? If so, you're in good company. And, that feeling is not unreasonable. The courts are in an activist mode, and
it seems they are changing sexual misconduct procedural protections every week now. We're working under a 2017 OCR Interim Guide that just about everyone seems to be ignoring. Venerable 2011 and 2014 OCR guidance is gone. Proposed new regulations saw 105,874 comments (mostly disapproving of the proposed changes), and their future hangs in the balance of a political process, a national election, and seemingly endless potential litigation. Against this crazy backdrop, what is a conscientious Title IX administrator to do?
In this webinar, Title IX experts
Anna Oppenheim, J.D.,
Brett A. Sokolow, J.D., and
Daniel C. Swinton, J.D., Ed.D.
offered their thoughts for current best practice, highlighted the first principles that undergird Title IX no matter what political winds are blowing, and prepared you for where the future direction of litigation and regulation is likely to take us. Plus, the wave of new policies banning employee-student relationships, and what you ought to be considering as pressure mounts to revise those policies were discussed.
The webinar is approximately 90 minutes in length.
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Deaf Student Accommodations
In what ways must a public college accommodate a deaf student, and what are the legal bases for the accommodation? (Interpreters in class, living on campus, extracurricular activities and campus life). I need to be able to show specific laws or best practices that demonstrate how far a college must go to make accommodations in various areas.
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Sign Up Today!
Recent Due Process Rulings by the California Courts: What Do California Colleges and Universities Need to Know and Do?
April 1st, 2019 from 2:00pm - 3:15pm PST
Complimentary for Super and Premium Level Members
Please check your landing pages to obtain the code to register online free of charge
$199 for all other ATIXA Members -
Register Now
$299 for non-ATIXA Members -
Register Now
The state courts of California are sending a set of very clear messages about due process. Seven recent rulings. Seven losses for colleges and universities. Who is helping put a stop to this litigation madness?
The writ of administrative mandate? Have you heard of it? The lawyers suing California public and private colleges have, and they've leveraged a string of seven lawsuits by John Doe (he is of the infamous Does, the most litigious family in America) to hold CA colleges liable for due process failures, in sexual misconduct proceedings. The single investigator model can't meet the requirements of the APA in California. Moreover, even formal hearing systems are being shot down by the courts. Cross-examination is now an expectation. You need to update your process before the next lawsuit does it for you.
In this 75-minute webinar hosted by Title IX expert and LA resident
Brett A. Sokolow, J.D.
, Brett shares a review of the key cases that are currently reshaping due process for public and private colleges and universities in California. The webinar then focuses on the practical changes that are required, and how to evolve your resolution processes without fundamentally upending the structures you have already built. Key questions will be addressed, including:
- Why the single investigator model is no longer viable
- How to ensure the independence of the roles of those involved in the resolution process
- How to assure impartiality, structurally
- What role should investigators play? Fact-gatherer? Fact-finder, or something in between?
- How should live interviews be managed at different phases of the process?
- What role, if any, should investigators have in helping to assess credibility?
- How do the CA courts differ from the requirements being handed down in the 6thCircuit and those proposed by OCR?
- How do we meet the expectations of the appeals courts in CA without turning our processes into adversarial mini-courts?
- How do we manage cross-examination with civility?
- What hearing formats are available to us, and how should we staff the decision-making role?
These ten pressing questions will be discussed, along with a live Q&A session with webinar participants.
All live webinar attendees will receive the recording following the event and a recording of the webinar will be available for purchase for those unable to attend live.
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The research article forthcoming in the University of California at Davis Law Review, "Systematic Prevention of a Serial Problem: Sexual Harassment and Bridging Core Concepts of Bakke in the #MeToo Era" focuses
on prevention, accountability, sanctions, and the organizational climate in faculty sexual harassment cases. The report, in six parts, sheds light on how a comprehensive approach is needed in order to ensure the sexual harassment review process leads to a culture of accountability.
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Announcing
Campuses and the Courts:
A Spring 2019 Webinar Series from TNG
For years, you've had the chance to attend Case Law Update sessions from TNG at conferences around the country. Now, to reach a wider audience, we're bringing the case law update to you, in the form of a
webinar series.
We will kick off the webinar series on April 18th, with a two-hour overview of the top cases from the previous 12 months. We'll focus on the leading decisions affecting student conduct, due process, Title IX, ADA/504, behavioral intervention, and free speech. This webinar will be presented by the four TNG partners,
W. Scott Lewis, J.D.,
Saundra K. Schuster, J.D.,
Brett A. Sokolow, J.D., and
Daniel C. Swinton, J.D., Ed.D.
Following on the introductory webinar, TNG will host a series of four, hour-long webinars approximately every two weeks that take a deeper dive into the cases than we could cover in the initial two-hour webinar. These webinars will be topical. Times, dates, topics, and presenters for each of the four are listed below:
- BIT-related Case Law: Thursday, May 2 from 2-3pm EDT, presented by W. Scott Lewis, J.D. and Daniel C. Swinton, J.D., Ed.D.
- Title IX Case Law: Thursday, May 16 from 2-3pm EDT, presented by Anna Oppenheim, J.D. and Joe Vincent, M.L.S.
- First Amendment Case Law: Wednesday, May 29 from 12-1pm EDT, presented by Saundra K. Schuster, J.D. and Kim Pacelli, M.Ed., J.D.
- ADA/504 Case Law: Tuesday, June 18 from 3-4pm EDT, presented by Saundra K. Schuster, J.D. and Tanyka M. Barber, J.D.
Recordings will be made available for purchase following each date for those unable to join the live events. Click
here to register.
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Member Library New Resources
Sign in to view
the list
of new resources available in the ATIXA Member Resource Library this week.
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Training Opportunities Near You
ATIXA Civil Rights Investigator Training & Certification Course Level One
ATIXA Civil Rights Investigator Training & Certification Course Level Two
ATIXA Sexual Harassment Case Processing & Resolution: Civil Rights Investigator Training & Certification Course Level Three
ATIXA Title IX Due Process: Civil Rights Investigator Training Course Level Four
PreK-12 Title IX Administrator Training & Certification Course
Title IX Compliance & Athletics Training & Certification Course
Title IX Hearing Officer Training & Certification Course
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Visit the ATIXA Job Board for a complete list of current employment opportunities.
New this Week
Submit your open position to ATIXA, free of charge. Please send all relevant information, including a link to the job post, to
info@atixa.org.
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For a complete listing of products and services from ATIXA, view the
2019 Catalog
.
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An Interdisciplinary Resource For News, Legal Developments, Commentary, and Scholarship About Title IX
By Founders & Contributors Erin Buzuvis, Professor of Law, Western New England University & ATIXA Advisory Board Member and Kristine Newhall, Ph.D., Women's Studies
See all recent Blog Posts
here
.
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