Explore the procedural and substantive elements of the 2020 Title IX regulations and recent relevant case law against the backdrop of ATIXA’s approach to best-practice procedural and substantive protections.
Enhanced due process protections, particularly for the responding party, are a focus of OCR’s Proposed Title IX Regulations. Case studies and procedural analysis will enhance the ability of participants to see the due process deficits at their own schools and offer sound approaches to curing those deficits. Discussion on effective and efficient procedures, potential pitfalls, and best practices in organizational structure will also be included.
Is this course going to be very dry? It’s two days of regulations…zzzz!
This course is anything but dry. The regulations have fascinating twists and turns. You’ll learn them all!
Does ATIXA teach best practices as well as the floor of regulatory compliance?
Yes, it’s our specialty. We’ll address each section of the regs, and offer strategies to exceed the floor.
Title IX Coordinators all over the country continue to share with ATIXA their lack of clarity on the role, responsibilities, and the expectations the Department of Education has for their position. School administrators report confusion over whether there is more to the Coordinator role than being a designee for Office for Civil Rights (OCR) communications, who their Title IX Coordinator is, and what that person is supposed to do. With legislation, resolution letters, and open investigations continuing to affect our work as Title IX administrators, the Title IX Coordinator position continues to grow and develop over time. This course will address these questions and the confusion about the responsibilities of a school Title IX Coordinator. This comprehensive course is focused broadly on the role of Title IX Coordinators, Title IX compliance, investigations, athletics equity, and 504 disability compliance.
Because of our deep involvement in litigation and OCR complaints, ATIXA trainings are designed to empower risk management for your school or college. Through our unmatched understanding of the legal landscape, our team is best positioned to help attendees provide a fair, impartial, and equitable resolution of discrimination allegations that will reduce the risk of an OCR complaint or lawsuit by either party. Our goal is to help you ensure their rights, maximize your compliance, and respect the equal dignity of all participants in your process.
In this course, we’ll have a special focus on group problem-solving and case studies that highlight complexities and challenges posed by the new rules. Deep regulatory analysis will enhance the ability of participants explore effective and efficient procedures, potential pitfalls, litigation vulnerability, and best practices in organizational structure going forward.
In taking this course, participants will be able to articulate the major provisions of the Title IX Regulations, including their impact on:
- Ok, so the Regulation Have the Force and Effect of Law…What Does that Mean?
- The Future of the Regulations in Light of Political Processes and Anticipated Litigation
- The Interaction of the Regulations and State Law
- Navigating the New Regulations and FERPA
- The Deliberate Indifference Standard (it’s not a reasonableness requirement)
- Reverse Discrimination
- Religious Exemptions
- Access to Evidence
- Managing a New Investigation Paradigm
- Avoiding Conflicts of Interest (especially when the Title IX coordinator files the complaint)
- The Evidentiary Standard
- Retaliation and Mediation
- Maintaining Appropriate Separation of Roles/Functions
- Notice of Investigation/Notice of Outcome
- Managing Electronic Sharing of Private Information
- Managing Exchange of Information Pre-Closure of Investigation and Pre-Hearing
- Expert Witnesses, Polygraphs, and the Limits of Defenses (Are there any?)
- Who’s a Responsible Employee, Now?
- What’s Safe Harbor and How do I Dock in One?
- What Does OCR Enforcement Look Like Going Forward?
- Revised Definitions of Hostile Environment Sexual Harassment and Sexual Assault
- Mediation and other Alternative Resolution Mechanisms
- Is a Hearing Required?
- Can these OCR-created Rights Be Waived, and How?
- Interim/Supportive measures
- How to Provide Advisors Who Work for You but Are Aligned with a Party
- Appeal Limitations
- Evidence Rulings
- Managing Cross-examination and Advisor Selection, Participation, and Rights
- The Essential Role of the Hearing Chair
Who Should Attend?
- Title IX Administrator
- Training and Prevention
- Student Resource
- Student Conduct
- Student Affairs
- General Counsel/Law
- Law Enforcement
There are currently no scheduled events for this certification, please contact firstname.lastname@example.org to inquire about future availability.
This course is a deep dive on all the regulatory changes made to Title IX in August 2020. Other ATIXA courses cover regulatory changes, but only as they impact on those courses, narrowly. Coordinator Two also includes a broad review of the regulatory changes, but does not get to the level of granular depth as this course does.
To obtain Certification from ATIXA, you will need to attend the whole event. It is our expectation that you are present for the entire duration of your training course.
Please allow 14 business days following the completion of the course and then log-into or create an account with our Continuing Certification Credit (CCC) program system. Please follow the instructions on the webpage to obtain your certification. Our CCC program allows those certified by ATIXA to track, maintain, and extend their professional development through our programs. Learn more about our program here.