The “single investigator model” describes a practice by which a single individual investigates allegations of misconduct and the same person also makes the final determination of whether policy was violated. This model became...more
Recently, ATIXA published a blog on charging correctly under Title IX, with respect to the legal requirement to charge respondents with the respective applicable sexual harassment definitions from the Fair Housing Act (FHA)...more
You’re investigating a Title IX complaint and discover evidence of other misconduct involving the respondent. Should the Title IX Coordinator charge them with it? You’ve received a complaint that alleges both stalking and...more
Are private K-12 schools subject to Title IX if they don’t directly accept federal funds? According to Senior Federal District Judge Richard D. Bennett (a Republican, appointed by George Bush), the answer is a resounding yes,...more
Last October, I wrote a column on what my colleagues and I at TNG Consulting had learned from serving as hearing decision-makers in our first fifteen live hearings under Title IX. Since then, we’ve facilitated many more...more
Personally, perhaps you are. Legally, you are not. Neither am I. Why? The reasonable person (RP) does not exist. The reasonable person isn’t a person at all, but rather an idea. And it’s a fascinating idea, though...more
As a professional association, the Association of Title IX Administrators (ATIXA) has doubled in size since 2020. We have thousands of new members who have joined our community for an experience that is like drinking from a...more
The inclusion of statutory rape as a form of sexual assault in the 2020 Title IX regulations can be confusing with respect to appropriate application of this rule to sex between minors, especially in jurisdictions with...more
Since the start of the spring 2021 semester, TNG’s consultants have been involved in about 15 hearings under the new 2020 Title IX regulations. We’ve served as party advisors, investigators, and decision-makers. Here is some...more
If your partner says, “I’ll have sex with you, but only if we do it hanging upside down from the ceiling while howling like werewolves,” I’d suggest that if you want to have sex, start working on your howling technique. The...more
Another scourge is upon the education field … someone is bringing Yik Yak back. The Chronicle of Higher Education just did a nice analysis on the reinvigorated app, here, for background....more
Years ago, I took heat from activists who thought that TNG’s replacement of the terms “rape” and “sexual assault” with policy-based alternatives in our model policies was minimizing of the severity of the behaviors. Rape is...more
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
Introduction -
Those who are familiar with the 2020 Title IX regulations will know that the regulations distinguish between relevant evidence and directly related evidence (DRE). The regulations view this distinction as...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
On the Association of Title IX Administrators (ATIXA) listserv recently, Title IX experts Brett Sokolow and Ryan Thompson had the following exchange in response to a member question about what would happen in a Title IX...more
Increasing Pressure on Schools to Address Off-Campus Conduct -
K-12 administrators seek our counsel frequently on the issues of off-campus jurisdiction over student misconduct. Conversations about addressing out-of-school...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
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
The following Q&A is reprised from a recent conversation with a client.
Q: Dear Brett, I have a Title IX complaint where the complainant has produced evidence, in the form of text messages, in which the respondent admits...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