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Title-IX Sexual Assault Investigations and Adjudications: You Ready to Know About DOE’s New Rule?

Pre Recorded

  • 90 minutes

Once upon a time Title IX of the 1972 Education Amendments Act was viewed as only requiring equal athletic opportunities for female college students. Then along came President Barack Obama’s call for eradication of sexual assault on college campuses. The U.S. Department of Education rose to the challenge. Building on an earlier “Dear Colleagues” letter that asserted Title IX’s application to sexual harassment,the DOE’s Office of Civil Rights issued rules requiring all colleges and universities to investigate and adjudicate student allegations of sexual assault.

Inside Higher Ed goes on to observe, “The rule, which DeVos argued would restore fairness to the process of adjudicating complaints, also adds protections for accused students. But women’s groups and advocates for survivors of sexual assault warn that it will undermine the rights of victims. And they say the rule will let colleges off the hook for not taking the issue of sexual misconduct seriously.”

Among the key changes the new rule will work:

  • Institutions will be responsible only for investigating misconduct that occurs within programs sanctioned by the institution.

  • Investigations will be mandated only when the institution has actual knowledge of alleged misconduct.

  • Accused student will have the righto cross examine their accusers and other adverse witnesses.

  • Institutions will be permitted to raise the standard of guilt from mere preponderance of the evidence to “clear weight of the evidence”

Join this session by expert speaker Dr. Jim Castagnera, where he will provides the rule, which DeVos argued would restore fairness to the process of adjudicating complaints, also adds protections for accused students. But women’s groups and advocates for survivors of sexual assault warn that it will undermine the rights of victims.

Session Highlights:

  • How will the DOE’s November 2018 Proposed Rule change the way universities investigate and adjudicate sexual assaults under Title IX?

  • What will not change, even if the Proposed Rule is adopted in full?

  • Should my university change the standard of proof from “more likely than not” to “clear weight of the evidence”?

  • What have we learned during the past five years about training, investigation and adjudicate that will remain best practices regardless of whether or not the Proposed Rule is adopted?

  • If the new Rule is adopted as proposed, should my institution stick with our more “victim friendly” policies and procedures?  What does five years of experience and data tell us about the efficacy of current practices?

  • What are the top ten tips for preventing and/or winning law suits that spring from sexual assault investigations and adjudications?

Why You Should Attend:

This webinar accomplishes two urgent, related goals:

  • It enables attendees to take the pulse of their current Title IX policies and programs: are they compliant with current legal requirements and best practices?

  • It lays out the planning process that college and university administrators should pursue to be ready for the new DOE Rule, which almost certainly will be adopted.

Who Should Attend:

  • Vice presidents of academic and student affairs

  • University legal counsels

  • Title IX officers

  • Public safety officers

  • Resident life professionals

  • HR managers

  • All administrators who investigate and/or adjudicate sexual assault cases



*You may ask your Question directly to our expert during the Q&A session. 

** You can buy On-Demand and view it as per your convenience

 

Jim Ottavio Castagnera

Jim Ottavio Castagnera

Dr. Jim Castagnera, Esq. holds a JD and a PhD from Case Western Reserve University. He spent 10 years as a labor, employment and IP lawyer with the major Philadelphia law firm Saul Ewing, before entering higher education. For the past 22 years he has been legal counsel and associate provost at a central New Jersey university. He also is the principal consultant and co-owner of K&C HR Enterprises/Holland Media Services, which provides writing, educational and consulting services to its clients, primarily in business and employment law, higher education/non-profit law and policy, and enterprise risk management.

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