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
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
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 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
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
M.M. v. San Juan Unified Sch. Dist., No. 219CV00398TLNEFB, 2020 WL 5702265 (E.D. Cal. Sept. 24, 2020) -
SUMMARY OF PROCEDURAL HISTORY:
M.M., a nine-year-old female student in the San Juan Unified School District (SJUSD),...more
10/29/2020
/ Failure To Protect ,
Gross Misconduct ,
Motion to Dismiss ,
Negligence ,
Public Schools ,
School Districts ,
School Safety ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Students ,
Title IX ,
Workplace Safety