BY POPULAR DEMAND, WE HAVE ADDED ANOTHER INVESTIGATOR TRAINING IN ORLANDO!
Title IX Investigator Training Course
For the first time, ATIXA will be offering a comprehensive four-day Civil Rights/Title IX Investigation Training, expanding beyond our popular two-day trainings with an advanced course for experienced investigators and/or those who have attended our two-day investigator trainings previously. This event, available as a two-day introductory course, a two-day advanced course, or both, will run concurrently with our Orlando Title IX Coordinator Training and Certification Course. Train your Coordinator and your Investigators in one location at the same time. You will be able to draw on the knowledge of a faculty of the foremost experts, as well as network with fellow Title IX officers and investigators.
SEPTEMBER 11-12, 2012: Two Day Introductory Course
SEPTEMBER 13-14, 2012: Two Day Advanced Course
SEPTEMBER 11-14, 2012: Four Day Introductory and Advanced Course
8:30am to 4:30pm Tuesday, September 11th
8:30am to 6:00pm Wednesday, September 12th
8:30am to 4:30pm Thursday, September 13th
8:30am to 4:30pm Friday, September 14th
Registration for this event is now closed.
Contact Marianne Price, ATIXA Program Coordinator, at firstname.lastname@example.org for the registration form and information on payment by cheque.
Registration deadline is Thursday, September 6th, 2012.
Scroll down for more details.
Click here to learn more about our concurrent Title IX Coordinator training.
For years, campuses have sought models of resolution for campus sexual misconduct complaints that provide fairness, balance, and a measure of outcome satisfaction for the participants. We’ve tried adversarial hearings. Administrative hearings. Shuttle diplomacy. Mediation. Restorative justice. And, hybrids of each of these. For the most part, we’ve failed miserably. No one is ever happy. Justice is rarely done. Truth remains elusive. At best, we have tweaked our processes to minimize secondary victimization of complainants, but adding no further harm should not be our yardstick for success. Throw in the possibility of concurrent criminal prosecution, and the potential difficulties multiply.
Why can’t we get this right?
That’s simple. We’re trying to fit campus sexual misconduct into a student conduct/discipline framework like hazing, a roommate conflict, or some similar developmental challenge. With the wrong lens, you can’t take the right picture. Campus sexual misconduct is more accurately seen not as a conduct issue, but as a civil rights discrimination. When viewed through a civil rights and discrimination lens, the answer has been right there in front of our eyes for a long time. We resolve sexual harassment with an investigation model. We always have. And, very few people gripe about the process because it works. It’s humane, effective, efficient and can be integrated with relative ease into our current hearing and resolution models. We need to take a page from HR, and create a civil rights investigation model for addressing campus sexual misconduct. Civil rights investigation is not police-led investigation, and it is not the same as investigating a student conduct violation. It is a very specific, highly specialized skill-set. But, where do you to get the training you need in how to develop, implement and operate a civil rights investigation model for campus sexual misconduct and other areas of discrimination? This event is designed for you.
This training will benefit you, whether you work in student affairs or student conduct and need a new model, or work in campus law enforcement or HR, and need to sharpen your civil investigation skills. In fact, anyone investigating any type of civil rights complaint will benefit from this training, including those investigating hate crimes, gender bias, racial, religious, ethic, and other discriminatory acts against any group or protected class. Prosecutors, sex crimes investigators, magistrates, victim advocates and judges are welcome too. Criminal justice authorities will gain insight into the campus process as well as picking up some investigation tips. Importantly, we’ll address the confluence of campus, civil and criminal processes, legal obligations that attach, and how we can all do our jobs cooperatively and collaboratively without obstructing each other.
In this training, we will focus on how to structure an appropriate civil rights investigation model from a process perspective, conduct investigations, and reach appropriate findings, by answering questions such as:
Tuesday, September 11th – Introductory Course
- Legal basis for Title IX liability
- Deliberate indifference
- Actual v. constructive notice
- Important cases and the expansion of Title IX
- Personal liability
- Intersection of Title VII and Title IX in investigations
- Due process myopia as a legacy of Dixon v. Alabama
- Title IX era — Equity by and through the process
- Overview of the civil rights investigation and grievance model – 10 Steps
- Complaint or notice
- Preliminary investigation
- Gatekeeper determination
- Formal comprehensive investigation
- Strategy of investigation
- Witness interviews
- Evidence gathering
- Presentation of Finding
- Accept in part, reject in part
- Title IX Coordinator oversight
- How does this model alter the current student conduct model used to address sexual assaults, stalking, intimate partner violence, etc.?
- How is investigation different in HR contexts than in student conduct contexts?
- Structure (stand alone, integrated into student conduct, integrated into HR, both)
Wednesday, September 12th – Introductory Course
- 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?
- Elements of civil rights notice
- What is the gatekeeping function, and why is it essential?
- 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 any eventual hearing?
- How important is the creation of an investigation report?
- How does this model meet due process and/or collective bargaining requirements of procedural fairness?
- Why does this model work better than and with other models of resolution?
- Strategizing when to interview parties and witnesses
- Timeline and timeliness (promptness)
- Sequestering witnesses
- Interview skills
- Good cop, bad cop
- The Zigzag
- Setting up reasonable expectations
- Play an open hand or close to the vest
- Feeding back to witnesses
- Questioning skills
- Evidence collection, custody and issues of concurrent criminal action
- Witness lists and flowcharts
- Incident timeline
- Keeping policy and procedure copies
- Confidentiality (privacy) of process
- Due process for all parties
- Focus on remedies
- Investigation records as smoking guns in litigation
- Sharing of outcomes
- Informal and formal resolution options
- Outside investigation/investigation support resources
- Patterns and Predation
- Post-Finding Actions
Thursday, September 13th – Advanced Course
- Brainstorming session by campus on implementation and integration of elements of this model
- Evaluation of evidence and decision-making skills coupled with case study application
- Note-taking, recordkeeping and report writing
- Reviewing templates for recordkeeping and report writing
- Report writing exercise
- Evidence analysis
- Questioning modeling by presenters (lying witness, recalcitrant witness, quiet witness)
- Questioning activity with participants
Friday, September 14th – Advanced Course
- Policy overview
- Sexual Misconduct
- Sexual Harassment
- Non-Consensual Sexual Contact
- Non-Consensual Sexual Intercourse
- Sexual Exploitation
- Relationship violence
- Bullying and Cyberbullying
- Sexual Assault without alcohol case study
- Sexual Assault with alcohol case study
- Sexual Harassment case study (same sex)
- Stalking case study
- IPV case study
Belinda Guthrie has more than fifteen years of experience in higher education risk management on such issues as Title IX, discrimination and harassment, student and faculty conduct, conduct boards and appeal processes, responding to students who are at risk, sexual assault violence prevention, shared risk management with student government organizations, campus response to bias incidents/hate crimes, and ADA/504 programmatic access for students with disabilities. She served as Vassar College’s associate dean of the college and the first director of equal opportunity. She was responsible for coordinating the investigation and resolution of Title IX, Title VII, and Title VI complaints. In addition, Belinda built and directed Vassar’s student disability services, and previously coordinated Smith College’s disability program. In addition to her work as a consultant and speaker, she is currently the executive director of development for Eye to Eye, a national nonprofit mentoring organization for students with learning differences. Belinda received her B.S. in psychology and administration of justice/law from the University of Wyoming, and holds a M.A. in education from New York University.
Leslee Morris, J.D., is the Title IX 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, Ms. Morris 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.
Susan M. Davis, J.D. is an Associate Vice President of Student Affairs at the University of Virginia, where she has held various legal and policy roles since 1999. She was engaged in the private practice of law for five years before joining the University of Virginia as an Associate General Counsel and Special Assistant Attorney General. From 1999 to 2004, she defended the University in numerous federal and state court actions involving student claims of discrimination and deprivation of constitutional rights. Since 2004, Davis has advised the Division of Student Affairs on various topics including freedom of speech, student disciplinary matters, hazing, sexual assault, and education and health records privacy. She has authored numerous university policies in these areas and has contributed to several pieces of state legislation impacting Virginia institutions of higher education. She serves as the University’s lead investigator in student sexual misconduct complaints. She is a frequent guest lecturer in university law and higher education courses and is the primary advisor to the University’s student-run Judiciary Committee. She holds a B.A. from Dartmouth College and a J.D. from Temple University.
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 the founder and managing partner of the National Center for Higher Education Risk Management (NCHERM), which serves as legal counsel to thirty colleges and universities. Brett is also the Executive Director of ATIXA. He frequently serves as an expert witness on sexual assault and harassment cases, and he has authored twelve books and more than 50 articles on campus safety and sexual assault. He has consulted with more than 2,200 college campuses. He has provided strategic prevention programs to students at more than 2,000 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 700 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 & Mary and the Villanova University School of Law.
Daniel Swinton, J.D., Ed.D. is currently the vice president of the NCHERM Group, the National Center for Higher Education Risk Management. Prior to that, he served as Assistant Dean and Director of Student Conduct and Academic Integrity at Vanderbilt University. He received his Bachelor’s degree from Brigham Young University, his law degree (J.D.) from the J. Reuben Clark Law School at BYU, and a doctorate (Ed.D.) in higher education leadership and policy from Vanderbilt University’s Peabody College. He is a member of the Tennessee State Bar. 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 has also served as president of the Association for Student Conduct Administration (ASCA) in 2010‐2011.
$1250.00 per person registration fee includes attendance for either of the two-day portions, 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.
$2500.00 per person registration fee includes attendance for all 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.
Registration deadline is Thursday, September 6th, 2012.
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.
This training has been pre-approved for 13 (introductory and advanced courses) and 26 (comprehensive course) hours of recertification credit through the Human Resources Certification Institute.
Conference Site Location and Lodging
The seminar will be held at the Hilton Orlando Lake Buena Vista (1751 Hotel Plaza Boulevard, Lake Buena Vista, FL 32830). ATIXA has blocked off guest rooms at a rate of $130.00 per night, plus taxes and fees.
To make reservations by phone, please call 1-800-782-4414 and reference the “ATIXA Title IX Training and Certification” Click here for online reservation portal. Click here to visit the Hilton Orlando Lake Buena Vista website.
The group rate will be available until August 20, 2012 so please make your hotel reservations early.
Parking is available at a rate of $13/night for ATIXA attendees.
The Hilton Orlando Lake Buena Vista is approximately 15 miles from Orlando International Airport (MCO). Airport shuttles and taxis cost approximately $55 one-way. For more information on ground transportation from Orlando International Airport, please click here.
Click here for a map and driving directions to the Hilton.
ATIXA will provide continental breakfast and an afternoon snack break during each day. Other meals are on your own.
Registration deadline is Thursday, September 6th, 2012. Registration for this event is now closed.
Please contact Marianne Price at email@example.com or 610-993-0229 with questions or to receive the Orlando registration form.
Registration fees apply to all attendees, including retainer clients.
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 July 17, 2012= 50% refund
Registration cancellation by July 31, 2012= 25% refund
Registration cancellation after July 31, 2012= no refunds