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Complying with the VAWA While Avoiding Liability during the Investigation and Handling of Reported Sexual Offenses (EDU350L)

Presented By : James P. Evans
(*) Single User Price. For multiple users please call 1-800-223-8720
Pre Recorded Webinar
60 minutes
  •  Tue, March 17, 2015
Event Description
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1 Credit

You Are Walking a Tightrope If You Are Handling a VAWA Investigation For Reported Sexual Offenses in Your Institution. This Training Session Will Help You Avoid the Legal Liabilities and Pitfalls.

As a condition to receipt of Title IV funds, post-secondary educational institutions must comply with the Violence against Women Act (VAWA) and its regulations. As amended, this statute and its related regulations require, among other things, that such institutions promptly investigate reports of sexual assault and similar offenses. They should also provide such interim measures as may be appropriate to allow the reported victim of such misconduct to continue to access the institution's educational and extracurricular programs. Such institutions are required, at the same time, by contract and/or State law to provide students accused of misconduct with an opportunity to be heard regarding such serious allegations of misconduct. Given the tension that happens during these obligations, schools face a significant potential for error and difficulty in satisfying them. Moreover, their officers and personnel who are responsible to ensure such compliance often lack training and experience in the investigation handling of such matters and are often unaware of the potential pitfalls they face in satisfying these obligations.

This webinar by expert speaker James P. Evans will assist such institutions in understanding the nature and extent of their obligation to comply with the VAWA and to provide accused students with an appropriate and fair process by which their culpability in such reported misconduct can be assessed. It will provide these individuals with helpful and pragmatic information and guidance concerning these obligations, including best practices for the conduct of student misconduct investigations, how to effectively interview witnesses, how to effectively collect and handle evidence, and best practices regarding the interaction with law enforcement.

Benefits of the session

  • A clear understanding of the elements of 'just cause,” sufficient to form a basis for student or employee discipline
  • Learn about the issues that can compromise the efficacy of evidence, including witness statements, documentary and other physical evidence and also get a pragmatic and working knowledge of the rules of evidence, as they are most commonly applied to student disciplinary hearings and similar proceedings.
  • Gain a clear understanding of the institution's obligation to provide a hearing or other due process to a student accused of misconduct.
  • Gain a pragmatic working knowledge on how to coordinate an investigation of reported student misconduct so as not to interfere with a concurring investigation by law enforcement agencies and have a clear understanding regarding the issues of confidentiality and how they interact with obligations to provide due process.

Session Highlights:

  • Best practices and tips for the conduct of investigations concerning reported incidents of student misconduct.
  • How to comply with the rules of evidence that apply to student disciplinary proceedings in public and private institutions.
  • How to best handle the coordination of a student misconduct investigation with any concurrent investigation being conducted by law enforcement agencies.
  • How to manage the collection and maintenance of evidence.
  • How to prepare an adequate report concerning the outcome of such investigation.

Who Should Attend

  • Administrators and officers of post-secondary educational institutions who are responsible for investigating and/or handling reports of student misconduct and their related procedures.
  • Officers and personnel of campus security/police agencies.
  • Individuals who provide advocacy services to victims of student misconduct or crime or who provide services to students accused of such misconduct.
  • Attorneys who represent students or post-secondary educational institutions.
  • Human Resource Professionals
  • Student Code of Conduct Officers
  • Behavioral Intervention Team Members
About Our Speaker(s)

James P. Evans, School Education Regulations ExpertJames P. Evans
James P. Evans has significant experience advising and representing educational institutions, including public and private elementary and secondary schools and postsecondary institutions.  As a Partner with Hiscock & Barclay, LLP, he provides educational institutions with advice and representation on issu... More info

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    Event Title: Complying with the VAWA While Avoiding Liability during the Investigation and Handling of Reported Sexual Offenses
    Presenter(s): James P. Evans Protection Status