ATIXA Regional Events

Title IX Investigator Training School

CO-SPONSORED BY ATIXA AND DREW UNIVERSITY

MARCH 15TH AND 16TH, 2012

MADISON, NJ

Hosted by Drew University

Seminar will run from 9am to 5pm

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 deadline was Thursday, March 8, 2012.

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

INSTITUTE FACULTY

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.

LOGISTICS

Session Location

Hall of Sciences

Drew University

36 Madison Avenue

Madison, NJ 07940

Meals

Drew University will provide a continental breakfast and an afternoon snack break each day. Lunch is on your own.

Transportation and Logistics

Airport Information

The closest airport is Newark Liberty International Airport- EWR (approx 18 miles from campus). Taxi and shuttle service is available. To make a shuttle reservation, please call State Shuttle at 800-427-3207.

Hotel Options

Hyatt Morristown at Headquarters Plaza

Three Speedwell Avenue

Morristown, NJ 07960

Phone: 973-647-1234

www.morristown.hyatt.com

Drew University has blocked off rooms at a discount rate of $114 per night for Double or King, or $134 per night for a suite. A complimentary breakfast buffet, parking and WiFi are included in the reservation rate. The hotel block reservation deadline is March 1st 2012.

Online reservations can made at https://resweb.passkey.com/Resweb.do?mode=welcome_ei_new&eventID=8013436.

The Hyatt is 4 miles from campus and located in downtown Morristown, with plenty of restaurant and shopping options within walking distance. One can take the train from Morristown to Madison (and NYC with ease). The Hyatt also has a complimentary guest shuttle with a 5 mile radius.

Parking

Attendees should park in the Sitterly Lot on campus. For more information, please see the campus map at http://www.drew.edu/map/.

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 January 16, 2012= 50% refund

Registration cancellation by February 8, 2012= 25% refund

Registration cancellation after February 8, 2012= no refunds