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The Amended VAWA: How Institutions Can Comply and Avoid Liability? (EDU740T)

Presented by: James P. Evans
(*) Single User Price. For multiple users please call 1-844-384-4744
Pre Recorded Webinar
60 minutes
Event Description

Guidance on How to Conduct an Appropriate Investigation of Reports of Sexual Violence

As made clear by recent guidance from the U.S. Department of Education regarding Title IX of the Education Amendments of 1972 and recent amendments to the Violence against Women Act, it is imperative that educational institutions have effective policies and procedures in place regarding incidents and reports of sexual violence, which may even include such incidents occurring off-campus or somewhere other than a school activity or event.  These obligations include the duty to timely and appropriately investigate reports of sexual violence, develop and implement such intermediate measures as are necessary to protect reported victims of such violence during the investigation of the matter and adjudication of any resulting disciplinary charges, conduct appropriate hearing procedures concerning charges of misconduct regarding sexual violence, and to develop and implement measure and safeguards to minimize the likelihood of such incidents and protect the campus community.

An institution’s failure to fully satisfy its obligations under Title IX and/or the VAWA may result in significant liability and/or, in regard to post-secondary institutions, jeopardize their entitlement to Title IV funds.  At the same time, institutions face potential legal liability for failure to properly safeguard an accused student’s right to appropriate process.  Institutions also face the potential for liability relative to the confidentiality rights of students, among other issues.

In order to appropriately manage these risks, educational institutions must understand their legal obligations concerning prevention and responses to sexual violence, including the obligation to investigate reports of such incidents, implement appropriate interim safeguards to protect reported victims of such violence, and impose appropriate student discipline and implement other remedial measures to minimize the likelihood of the reoccurrence of such incidents and to protect the campus community.

This webinar by James Evans will discuss the obligations of educational institutions concerning reports and incidents of sexual violence, including the obligation to properly investigate such incidents, develop appropriate interim remedial measures to protect the campus community, and the timely and proper adjudication of any resulting charges of student misconduct.  It will also discuss how to develop appropriate and effective remedial measures to avoid such incidents, as well as how to effectively implement recent guidance from the Department of Education in this regard.  Finally, this session will discuss how to ensure an institution’s disciplinary process is properly gauged to reach appropriate and valid decisions that can withstand judicial scrutiny. 

Session highlights

  • Accurately inform school administrators of their legal obligations under the Violence Against Women Act and state common law
  • Accurately inform school officials concerning recent guidance of the U.S. Department of Education concerning these obligations
  • Provide practical and specific guidance on how to conduct an appropriate investigation of reports of sexual violence, so as to protect those reportedly victimized by such violence, while appropriately providing procedural safeguards for accused students
  • Provide practical and specific guidance regarding the appropriate conduct of student disciplinary hearings concerning charges of sexual violence that is sensitive to the needs of the victim and cognizant of the procedural rights of the accused
  • Provide pragmatic and meaningful guidance regarding the adjudication of charges of misconduct related to sexual violence
  • Answer important questions concerning how to minimize and manage liability relative to such offenses and their investigation and adjudication

With this session, you will able to:

  • Have an accurate understanding of their institution’s statutory and regulatory obligations concerning incidents of sexual violence
  • Benefit from the discussion regarding effective responses to issues often present in cases of sexual violence, such as requests from victims/reporters of confidentiality and offsetting obligations to safeguard the campus community
  • Learn and better understand U.S. Department of Education guidance regarding sexual violence and the likely impact of recent amendments to the VAWA
  • Receive helpful guidance regarding their obligations to safeguard the confidentiality of individuals involved in reported incidents of sexual violence  
  • Benefit from the discussion on how to effectively conduct disciplinary hearings concerning charges of sexual violence, considering the particular needs of the victim of such offenses and the competing considerations relative to the rights of the accused
  • Gain a better understanding of what constitutes effective remedial measures to minimize the likelihood of an occurrence or reoccurrence of sexual violence and what disciplinary measures are appropriate. 

Who should attend

  • Administrators of elementary, secondary, and post-secondary educational institutions
  • Risk management officers for educational institutions
  • EEOC officers and educational institution compliance managers
  • State and local investigators relative to sexual harassment/discrimination issues
  • Attorneys representing educational institutions or individuals relative to claims under Title IX
About Our Speaker(s)

James P. Evans | Educational Law SpeakerJames 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 issues inclu... More info

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    Event Title: The Amended VAWA: How Institutions Can Comply and Avoid Liability?
    Presenter(s): James P. Evans

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