ATIXA Regional Events

Title IX Investigator Training School

CO-SPONSORED BY ATIXA AND CONCORDIA UNIVERSITY IRVINE

FEBRUARY 16 and 17, 2012

IRVINE, CA

Hosted by Concordia University Irvine

Seminar will run from 9am to 5pm

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

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.

OVERVIEW

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? This event is designed for you.

INTENDED AUDIENCE

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.

AGENDA

The first half of Day One will focus on how to structure an appropriate civil rights investigation model from a process perspective, answering questions such as:

Legal basis for Title IX liability
- Deliberate indifference
- Actual v. constructive notice
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
Charge
Formal comprehensive investigation

Strategy of investigation
Witness interviews
Evidence gathering
Finding

Presentation of Finding

Accept
Reject
Accept in part, reject in part

Post-Finding Actions
Sanctions
Remedies
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)
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?

After a morning spent on process, the second half of Day One focuses on best practices for conducting investigations. Topics will include:

Strategizing when to interview parties and witnesses
Timeline and timeliness (promptness)
Sequestering witnesses
Interview skills

Rapport
Good cop, bad cop
Setting up reasonable expectations
Play and open hand or close to the vest
Feeding back to witnesses
Questioning skills

Bill and Sara case study on questioning witnesses

Sexual assault, expertise, blackout
Questioning will be used on day two to complete case study

DAY TWO — Morning

Evidence collection, custody and issues of concurrent criminal action
Evaluation of evidence

Fact
Opinion
Circumstantial

Note-taking, recordkeeping and report writing
Policy analysis and how to make a finding

Relevance
Credibility

Witness lists and flowcharts
Incident timeline
Keeping policy and procedure copies
Confidentiality (privacy) of process
Due process for all parties

Case study on Ivan and Juanita
Sexual harassment, stalking,
1st Amendment, artistic expression and academic freedom

Focus on remedies
Investigation records as smoking guns in litigation
Preponderance standard
Sharing of outcomes
Informal and formal resolution options
Appeals
Retaliation

DAY TWO — Afternoon

Return to Bill and Sara Case Study to process to finding as group
Small group full case study with 5 character role play — Will and Dencie

Sexual assault, abuse of technology, patterns
Process in subgroups and then together

Ample questioning opportunities will be provided. Comprehensive investigation training materials and a written model civil rights investigation process will be shared with all participants.

COST AND ATTENDANCE

$2,000 per campus, for a group of up to 7 people.

$1,500 per two individuals.

$1,000 per individual.

ATIXA members receive 15% off all events; member pricing is reflected in the ATIXA store. More details on ATIXA membership can be found here.

The day will run from 9am to 5pm.

REGISTRATION

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

For more information, contact Samantha Dutill by email at Samantha@atixa.org.

INSTITUTE FACULTY

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 completed 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.

LOGISTICS

Session Location

Concordia University

1530 Concordia West

Irvine, CA 92612

The training will be held in Concordia University Irvine in the RHO Programming Center (RPC)

Meals

Concordia University Irvine will provide a continental breakfast, morning and afternoon snack breaks each day. Lunch is on your own and offered by CUI catering at $7.00 per person. Menu to include sandwiches, salad, chips, dessert and drinks.

Transportation

Los Angeles Airport (approx. 45 minutes from CUI if there is no traffic)

Long Beach Airport (approx. 25 minutes away if there is no traffic)

John Wayne Airport (approx 10 minutes away from campus)

Lodging

Doubletree Hotel – Irvine Spectrum

90 Pacifica

Irvine, CA

(949) 471-8888

Crowne Plaza Hotel

17941 Von Karman

Irvine, CA

(949) 863-1999

$99/night on Wednesday & Thursday and $89/night on Friday **ask for CUI discount

Parking rate: $6/day

CONTINUING EDUCATION

This training has been pre-approved for 13 hours of recertification credit through the Human Resources Certification Institute.

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 December 16, 2012= 50% refund

Registration cancellation by January 9, 2012= 25% refund

Registration cancellation after January 9, 2012= no refunds