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.
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Who should attend
James 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