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Managing Retaliation Complaints Workshop

The Intent Requirement, Protected Activity, and Adverse Action

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Recommended Prior Learning: 

Title IX Coordinator Foundations: Sex-Based Harassment for Higher Education or Title IX Coordinator Foundations for K-12 Education

Distinctly Different within Title IX Complaints: Responding to Retaliation

Nearly all Title IX practitioners will have to respond to retaliation complaints during their careers. They’re materially different from other Title IX complaints concerning analysis and assessment of intent, and retaliation is generally more complex and challenging to address.

Counter-complaints are increasingly common, posing challenges regarding timing, appropriate charges to file, how many procedures are required, and ensuring counter-claims are not retaliatory. These difficulties are further compounded by the sophisticated multi-step analysis needed to determine whether conduct meets the retaliation standard and the distinct definition of retaliation in Title IX regulations.

This workshop is designed to provide practitioners with a deep dive into core concepts for evaluating the merits of a retaliation allegation, managing retaliation complaints amidst continuing resolution of the underlying complaint, and how to minimize the risk of cat’s paw liability.

ATIXA’s expert faculty members will highlight considerations specific to responding to retaliation allegations, including conducting retaliation investigations.

Topics Covered

  • Legal Framework
  • Regulatory Framework
  • Who is Protected from Retaliation?
  • Best Practices
  • Investigation Considerations
  • Supportive Measures and Intervention Tools
  • Avoiding Retaliatory Counter-Claims and Cat’s Paw Liability
  • Case Review (K-12, Higher Education, Employee-Specific)
  • Addressing Retaliation Both Within and Outside the §106.45 Regulatory Framework

Key Takeaway

Apply ATIXA’s three-part framework to analyze retaliation allegations and identify possible supportive measures and interventions, including retaliation complaints with an employee as a party.

After completing this seminar, participants will be able to...

  • Define retaliation
  • Understand the key role of intent in assessing whether conduct is retaliatory
  • Operationalize the concepts of adverse actions, protected activity, legitimacy, and pretext
  • Apply the three-part framework to analyze a retaliation allegation
  • Execute ATIXA’s recommended practices for investigating retaliation allegations
  • Identify possible supportive measures and interventions for responding to retaliation

Who Should Attend?

  • Title IX Coordinators
  • Deputy Title IX Coordinators
  • Title IX or Civil Rights Investigators
  • Decision-makers
  • Appeal Decision-makers
  • Human Resources Professionals
  • Student Conduct Professionals
  • Legal Counsel
  • Compliance and Risk Management Professionals (Title VI, Title VII, Title IX, ADA/Section 504, AA, EEO, Clery)
  • School Board Members
  • Superintendents, Principals, & Assistant Principals

This workshop is tailored to be applicable for Higher Education Institutions, K-12 Schools and Districts, as well as Dual Enrollment programs.

Please note, Workshops do not offer certifications but they do receive digital badges. Attendees will earn 4 re-certifying credits toward any currently held Certifications. Please click here to view our Continuing Certification Credits (CCC) FAQs.

Virtual
Instructor-Led

Live, Interactive Online Training

  • $399 Member
  • $499 Non-Member

Hide Details & Schedule

Schedule:

  • July 29: 11:00am - 3:00pm ET Register
  • September 17: 11:00am - 3:00pm ET Register

Details:

*You must attend all dates in your session to receive credit for attendance.

Group discounts are provided on a sliding scale based on group size and applicable on registrations for the same training or event. Please contact events@atixa.org for questions.

Individualized discounts are as follows:
1st grouped individual - full price of registration
2-4 grouped individuals - 15% discount on registrations
5+ grouped individuals - 25% discount on registrations

If you are interested in registering a large group, exploring Super Membership, or consulting options, please contact inquiry@tngconsulting.com for personalized assistance.