ATIXA Regional Events

Title IX Coordinator & Administrator Training & Certification

JANUARY 23rd-26th, 2012

SAN ANTONIO, TEXAS

9:00am to 4:30pm each day

Registration for this event is now closed. To be placed on the waiting list, please contact kate@atixa.org.

The use of this seal is not an endorsement by the HR
Certification Institute of the quality of the program. It means that this
program has met the HR Certification Institute’s criteria to be pre-approved for
recertification credit.

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EVENT DESCRIPTION

Every college and university in the country is required by the
Department of Education to have a campus Title IX Coordinator, and to
designate that individual to the department and the campus community as a
contact point for a Title IX communications and grievances.

Do you know who your campus Title IX Coordinator is?

Maybe it is you?

Has your institution designated someone, as required by law?

What are the responsibilities of the coordinator supposed to be on
every campus? It’s not just about sexual harassment. It’s broader than
athletics. This administrator is responsible for coordination of all
your institution’s compliance efforts on gender discrimination, sexual
harassment, retaliation, sexual assault, athletics equity and related
civil rights investigations.

Title IX Coordinators all over the country have reported to ATIXA a
lack of clarity on the role, responsibilities and the expectations the
Department of Education has for their position. Campus 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 campus Title IX Coordinator is, and what that person is supposed
to do.

To address these questions and the confusion about the
responsibilities of a campus Title IX Coordinator, ATIXA has
created this four-day training program. After attending this program,
Coordinators and other responsible administrators will know chapter and
verse on their role and responsibilities, and will receive a Title IX
Coordinator Certification from ATIXA.

INTENDED AUDIENCE

  • Campus Title IX Coordinators
  • Deputy Coordinators
  • Training and Prevention personnel
  • Investigators
  • Human Resources
  • Student Conduct
  • Student Affairs administrators
  • General Counsel and outside attorneys
  • Athletics administrators, SWA’s and compliance administrators
  • Campus law enforcement

HOW IS THIS EVENT DIFFERENT FROM OTHER TITLE IX OR SEXUAL MISCONDUCT TRAININGS YOU MIGHT ATTEND?

  • ATIXA’s training is the ONLY one that touches on ALL
    areas of Title IX compliance. This 4-day comprehensive course is focused
    broadly on the role of Title IX Coordinators, Title IX compliance,
    investigations, athletics equity, and 504 disability compliance.
  • Participants who successfully complete the course will receive Title IX Coordinator Certification from ATIXA.
  • All participants receive a set of 250 PowerPoint slides and 250
    pages of supporting materials, including the ATIXA Model Title IX
    Compliance Policy and Grievance Procedure.
  • This event features a multi-disciplinary, engaging faculty with
    unmatched expertise, who have been writing, researching, litigating,
    enforcing, training and working in depth on Title IX for many years.

WHAT DOES CERTIFICATION MEAN?

Attendees will follow a comprehensive curriculum conveying what every
campus Title IX Coordinator needs to know to do that job and do it well.
The four days will be intense, practical, and full of case studies and
opportunities to apply the skills imparted in the training. You will not
only spend four days with trainers who are some of the most
knowledgeable experts on the topics, but also who are engaging and
dynamic enough to hold your interest, keep you entertained, and take you
from theory to practice with compelling case studies and relevant
activities that take the content off the page and onto the campus.

You can attend for less than all four days, but to obtain a Title IX
Coordinator Certification, you need to attend the whole event. What does
this certificate mean? It means that you have tapped into the
unparalleled expertise of ATIXA and the other carefully selected
experts in the field.

Your trainers are not just topic experts,
but practitioners. Members of the faculty for this event have
negotiated with OCR on behalf of colleges and universities, conducted
investigations, run athletics programs, litigated Title
IX cases, served as experts and submitted amici in Title IX cases,
trained investigators, and have
published extensively on this topic. We know it inside out, and after
four days, so will you. This course will place you in the best possible
position to respond to and defend institutional competence on
discrimination grievances. As this is the only event of its kind, you
can’t get this training anywhere else.

PROGRAM

Each day runs from 9am to 4:30pm.

MONDAY, JANUARY 23RD

The first part of Day One will offer a review of a host of OCR
investigations and case law that must inform our Title IX compliance
practices. Liability concepts of actual notice, deliberate indifference,
off-campus jurisdiction, and victim’s rights will be explored with a
wide-angle lens. Participants will learn how to provide an equitable
process with equitable results. Participants
will learn about new enforcement initiatives, Dear Colleague Letters,
potential upcoming new Title IX Guidance, and the investigations of
Notre Dame College and Eastern Michigan University, which have resulted
in OCR-labeled “model programs.”

Day One of this course also will offer a comprehensive exploration
of the topic of gender discrimination in overview, and the role of the
Title IX Coordinator as:

  • Contact for government inquiries
  • Point person for campus complaints
  • Creator and implementer of appropriate policy
  • Assurance of 1st Amendment protections
  • Prevention and remediation of gender discrimination
  • Prevention and remediation of sexual harassment
  • Prevention and remediation of sexual assault
  • Prevention and remediation of stalking
  • Prevention and remediation of intimate partner and relationship violence
  • Prevention and remediation of bullying and cyberbullying
  • Oversight and coordination of prompt and equitable grievance procedures

Did you know that you were legally required to be and do all of
these things as Coordinator? How many of you can check each of those
boxes as something you focus on daily? There’s more…and Day One will
give you the comprehensive perspective.

Is this beginning to sound like a full-time job? For many
Coordinators who often have other primary responsibilities, Title IX is
just an “add-on responsibility.” This course will give you the knowledge
and skills to adequately and thoroughly manage the responsibilities you
have been given.

TUESDAY, JANUARY 24TH

On Day Two we will continue discussing the role of the Title IX Coordinator….

  • Supervisor of the interaction of Title IX and VII coordinator and inter-relation
  • Supervisor of investigations
  • Compliance auditor
  • Trainer or convener of broad training requirements for employees, boards, investigators and appeals officers
  • Coordinator of the interaction of multiple student and employee grievance processes
  • Section 504 Disabilities Compliance Oversight
  • Oversight of athletics gender equity
  • Assurance of equitable remedies for discrimination
  • Prevention and remediation of retaliation
  • Prevention of recurrence and assurance of compliance with sanctions
  • Interaction with OCR investigations and compliance with consent decrees…

Tuesday will also see the faculty drill down on the topics of:

  • stalking
  • relationship violence
  • bullying
  • sexual harassment
  • and sexual assault

And, will cover everything from rights to remedies, including:

  • policy
  • definitions of misconduct
  • retaliation
  • prompt timeframes for resolution
  • evidentiary standards
  • and appeals

WEDNESDAY, JANUARY 25TH

Wednesday, Day Three, is Investigation Day. When this day is over,
participants will have a clear understanding of how to train
investigators, supervise investigations and structure a proficient
gender discrimination/civil rights investigation model. The first half
of the day will focus on how to structure an appropriate civil rights
investigation model from a process perspective, answering questions such
as:

  • Who should investigate?
  • Should there be more than one investigator?
  • Should the investigator interview witnesses, gather evidence, or do more?
  • What kind of notes should be kept?
  • How is a decision rendered?
  • What happens after the decision?
  • How is notice given to the accused individual?
  • What is the gatekeeping function, and why is it essential?
  • How is investigation different in HR contexts than in student conduct contexts?
  • What is the role of campus law enforcement in civil rights investigations?
  • What is the appropriate standard of proof?
  • Is a hearing necessary?
  • What role does the investigator play in an eventual hearing?
  • How important is the creation of an investigation report?
  • How does this model alter the current student conduct model used
    to address sexual assaults, stalking, intimate partner violence, etc.?
  • How does this model meet due process and/or collective bargaining requirements of procedural fairness?
  • Why does this model work better than other models of resolution?

And more…

After a morning spent on process, the second half of the
Investigation Day focuses on practice. The goal is not to train those
present to be investigators, but to fulfill your Title IX Coordinator
duties of knowing how to oversee investigations, select investigators,
and train investigators in a trainer-training modality. Topics will
include:

  • Strategizing when to interview parties and witnesses
  • Timeline and timeliness (promptness)
  • Sequestering witnesses
  • Interview skills
  • Evidence collection, custody and issues of concurrent criminal action
  • Evaluation of evidence
  • Note-taking, recordkeeping and report writing
  • How to make a finding
  • Witness lists and flowcharts
  • Keeping policy and procedure copies
  • Confidentiality (privacy) of process
  • Due process for all parties
  • Appeals
  • Equity by and through the process
  • Focus on remedies
  • Assessing relevance and credibility
  • Investigation records as smoking guns in litigation
  • Deliberate indifference
  • Actual v. constructive notice
  • Preponderance standard
  • Informal and formal resolution options
  • Retaliation

Ample questioning opportunities will be provided. An investigation
case study in the late afternoon will give participants hands-on
questioning and finding skill challenges. This case study will carry
over into the morning of the final day. Comprehensive investigation
training materials and a written model civil rights investigation
process will be shared with all participants.

THURSDAY, JANUARY 26TH

Day Four.  After wrapping up any needed case study discussion left
over from Wednesday, the final day will allow participants to explore
the two remaining areas of Coordinator skills, athletics equity and
compliance with Section 504 of the Rehabilitation Act of 1973 (while
campuses can designate more than one Coordinator, Title IX and Section
504 Coordinator roles are expected to be — and are — combined on most
campuses). The morning will focus on the compliance role, and various
legal and associational expectations for equity in athletic programs.

While actual day-to-day compliance is usually delegated to the
athletics department, we have seen repeatedly that oversight, preventive
training and education are essential for those programs that appear to
value winning over compliance. The afternoon will be spent updating
participants on a number of recent cases on phasing in and out of men’s
and women’s teams, cheerleading as a sport holdings, cases involving
athletics-based discrimination and retaliation.

The seminar will conclude with a discussion of the disability role
of the Coordinator, focusing on the anti-discrimination provisions of
Section 504 of the Rehabilitation Act. How the Act functions, how it
differs from the ADA, and how OCR enforces it will be critical topics. A
number of OCR cases investigating allegations of 504 disability
discrimination will be covered.

FACULTY

Nancy Hogshead-Makar, Esq. is Senior Director of Advocacy, Women’s Sports Foundation Professor of Law, Florida Coastal School of Law is one of the foremost exponents of gender equity in education, including sports participation, sexual harassment, employment, pregnancy, and Title IX of the Education Amendments of 1972. She has testified in Congress numerous times, is a frequent guest on national news programs, serves as an expert witness in Title IX cases and has written amicus briefs in precedent-setting litigation. She authored Equal Play, Title IX and Social Change, from Temple University Press, and Pregnant and Parenting Student-Athletes; Resources and Model Policies, published by the NCAA. In 2007, Sports Illustrated Magazine listed her as one of the most influential people in the 35 year history of Title IX. At the 1984 Games, she became a three-time Olympic Champion in swimming.

W. Scott Lewis, J.D. is a partner with the
National Center for Higher Education Risk Management and Associate
General Counsel for Saint Mary’s College in Indiana. He recently served
as the Assistant Vice Provost at the University of South Carolina. Scott
brings over fifteen years of experience as a student affairs
administrator, faculty member, and consultant in higher education. He is
a frequent keynote and plenary speaker, nationally recognized for his
work on behavioral intervention for students in crisis and distress. He
is noted as well for his work in the area of classroom management and
dealing with disruptive students. He presents regularly throughout the
country, assisting colleges and universities with legal, judicial, and
risk management issues, as well as policy development and
implementation. He serves as an author and editor in a number of areas
including legal issues in higher education, campus safety and student
development, campus conduct board training, and other higher education
issues. He is a member of NASPA, ACPA, CAI, SCCPA, and serves on the
Board of Directors for ASCA as its Past-President. He did his
undergraduate work in Psychology and his graduate work in Higher
Education Administration at Texas A&M University and received his
Law degree and mediation training from the University of Houston.

Saundra K. Schuster, J.D. is a partner with the
National Center for Higher Education Risk Management. She was formerly
General Counsel for Sinclair Community College in Dayton, Ohio, and
Senior Assistant Attorney General for the State of Ohio in the Higher
Education Section. Saunie is a recognized expert in preventive law for
education, notably in the fields of Sexual Misconduct, First Amendment,
Risk Management, Student Discipline, Campus Conduct, Intellectual
Property and Employment Issues. Prior to practicing law, Saunie served
as the Associate Dean of Students at The Ohio State University. Saunie
has more than twenty-five years of experience in college administration
and teaching. She frequently presents nationally on legal issues in
higher education. Saunie holds Masters degrees in counseling and higher
education administration from Miami University, completed her coursework
for her Ph.D. at Ohio State University, and was awarded her juris
doctorate degree from the Moritz College of Law, The Ohio State
University. She is the current president of the National Behavioral
Intervention Team Association (www.nabita.org).

Brett A. Sokolow, J.D. is a higher education
attorney who specializes in high-risk campus health and safety issues.
He is recognized as a national leader on campus sexual violence
prevention, response and remediation. He is legal counsel to nineteen
colleges, and is the founder and managing partner of the National Center
for Higher Education Risk Management AND Executive Director of ATIXA. Brett frequently serves as an
expert witness on sexual assault and harassment cases, and he has
authored ten books and more than 50 articles on campus safety and sexual
assault. He has consulted with more than 1,500 college campuses. He has
provided strategic prevention programs to students at more than 1,900
college and university campuses on sexual misconduct and alcohol. He has
authored the conduct codes of more than seventy colleges and
universities. The NCHERM Model Sexual Misconduct policy serves as the
basis for policies at hundreds of colleges and universities across the
country. NCHERM has trained the members of more than 600 conduct hearing
boards at colleges and universities in North America. He serves as the
Executive Director of NaBITA, the National Behavioral Intervention Team
Association (www.nabita.org),
and is a Directorate Body member of the ACPA Commission on Student
Conduct and Legal Issues. He is a graduate of the College of William and
Mary and the Villanova University School of Law.

Daniel Swinton, J.D., Ed.D. is currently the
Assistant Dean and Director of Student Conduct & Academic Integrity
at Vanderbilt University. He is also serving as President of the
Association for Student Conduct Administration (ASCA), having previously
served on Board its Board of Directors. At Vanderbilt, Daniel oversees
all non-academic misconduct at the university as well as all academic
misconduct for undergraduate students and serves as a member of
Vanderbilt’s student welfare team.  He has presented nationally on
issues such as sexual misconduct on college campuses, legal issues in
student affairs and higher education, student conduct policies and
procedures, mediation, and behavioral intervention teams. Daniel studied
History at Brigham Young University, graduating Cum Laude with
University Honors. He received his law degree from the J. Reuben Clark
Law School at BYU and subsequently earned a doctorate in Higher
Education Leadership and Policy from Vanderbilt University’s Peabody
College. He is a member of the Tennessee State Bar.

Leslee Morris, J.D. is the Investigator in the Student Conduct Office at the University of Colorado at Boulder. She investigates and adjudicates cases of sexual assault, sexual harassment, and gender violence. She is a graduate of the University of Colorado School of Law. She formerly was a Research Associate for the Office of University Counsel at the University of Colorado. Prior to attending law school, Leslee was a Policy Analyst at Children’s Rights in New York City where her work focused on the child welfare system and juvenile delinquency. She received her undergraduate degree in Human Development from Eckerd College.

REGISTRATION COSTS

$2,500.00 per person registration fee includes attendance for four
days, extensive training materials, and certification. Continental
breakfast each morning and afternoon snacks each afternoon will be
provided. All other meals, lodging and transportation costs will be paid
by the participants.

 

Combo registration and new ATIXA individual charter membership costs $2625.00.

ATIXA MEMBERSHIP

ATIXA members receive 15% off all events, bringing
the training registration cost to $2125.00 per person. More details on
ATIXA membership can be found here.

CONTINUING EDUCATION

This training has been pre-approved for 20 hours of recertification credit through the Human Resources Certification Institute.

LOGISTICS

Conference Site Location and Lodging

The seminar will be held at the Omni La Mansion San Antonio Hotel (112
College Street, San Antonio, Texas 78205). ATIXA has blocked
off guest rooms at a rate of $169.00 per night, plus taxes and fees.

To make reservations by phone, please call 1-800-the-omni and reference group code “ATIXA.”  Click here for online reservation portal. Click here to visit the Omni La Mansion website.

The group rate will be available until January 2, 2012 so please make your hotel reservations early.

Online reservation portal

Omni La Mansion San Antonio

Additional rooms have been blocked at the Hotel Valencia Riverwalk (150 East Houston Street, San Antonio, Texas 78205), also at a rate of $169.99 per night, plus taxes and fees. The Hotel Valencia Riverwalk is only a few blocks from the site location and is a three minute walk.

To make reservations by phone, please call 1-866-842-0100 and reference group code “ATIXA.”  Click here for online reservation portal. Click here to visit the Hotel Valencia Riverwalk website.

Online reservation portal

Hotel Valencia Riverwalk

Transportation

The Omni La Mansion San Antonio Hotel is
approximately 9 miles (approximately 15 minutes) from the San Antonio
International Airport (SAT).  Airport shuttles to the hotel are
approximately $18 per person.  Taxis are approximately $25 per person.
For more information on ground transportation from SAT, please click here.

Click here for a map and driving directions to the Omni.

Valet parking is $32/night.  There is also self-parking in a city garage across the street from the hotel for $9/night.

Meals

ATIXA will provide continental breakfast and an afternoon snack break during each day. Other meals are on your own.

REGISTRATION

Registration deadline is Friday, January 13, 2012. Registration for this event is now closed. To be placed on the waiting list, please contact kate@atixa.org.  NCHERM’s previous Title IX trainings in St. Louis and Philadelphia
sold out three weeks before the registration deadline.  You are not
considered registered until ATIXA staff confirm receipt of your
registration and payment.  Staff will not be able to hold spaces.  Please register early!  Space is limited.

Registration fees apply to all attendees, including retainer clients.

Each day runs from 9am to 4:30pm.

Please contact Kate Halligan at kate@atixa.org or 610-579-3725 with questions.

REFUND POLICY

ATIXA understands that circumstances change and events may arise that prohibit your ability to attend an event after you have registered. ATIXA will allow another individual from your institution to attend in your place OR you may attend a future event with an equivalent registration rate. If you do not wish to send someone in your place or attend a future training event, your registration will only be refunded based on the schedule below.

Registration cancellation by November 22, 2011= 50% refund

Registration cancellation by December 3, 2011= 25% refund

Registration cancellation after December 3, 2011= no refunds

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