Proposed Regulations: Steps to be Taking Now Webinar

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Are you feeling like you’re caught in Title IX limbo? If so, you’re in good company. And, that feeling is not unreasonable. The courts are in an activist mode, and it seems they are changing sexual misconduct procedural protections every week now. We’re working under a 2017 OCR Interim Guide that just about everyone seems to be ignoring. Venerable 2011 and 2014 OCR guidance is gone. Proposed new regulations saw 105,874 comments (mostly disapproving of the proposed changes), and their future hangs in the balance of a political process, a national election, and seemingly endless potential litigation. Against this crazy backdrop, what is a conscientious Title IX administrator to do?

Well, as a step in the right direction, attend this webinar. Let’s try to figure this thing out together, as a community.

At ATIXA, we don’t have all the answers, but we’re pretty good at reading the tea leaves, assessing where the field is, and helping to guide where it should go. As we see it, we’re in a bridge period, not quite still in the land of 2011 rules, and not quite ready for the 2019 new rules. We don’t think you should wait until the 2019 regs become law, as OCR won’t give you enough time to prepare. But, some of the proposed changes will never see the light of day, and if some do, they may not survive legal challenge. Despite these cross-currents, we believe that some changes in the near-term are likely necessary, prudent, and even beneficial. Most of them focus on the investigation process, and how to insulate your resolutions from collateral attack for conflict-of-interest and lack of independence. And, we think you can make minor tweaks this summer without causing significant political blow-back in your communities. You don’t want to be in the position of the California colleges right now. They are scrambling to implement the requirements of a new appeals court ruling on due process. Will your courts be next? Do you want to be left scrambling, too, or is this a reasonable time to begin taking some half-steps, to position your school well for the changes to come? Some of what OCR wants is unreasonable, and some of the ideas are ones whose time has come.

We think there are some steps you can take to prepare for the future, without upsetting the apple cart. And, taking baby steps now can help to prepare your communities for more jarring changes that may be forced on us down the road. In this webinar, Title IX experts Anna Oppenheim, J.D.,  Brett A. Sokolow, J.D. and Daniel C. Swinton, J.D. , Ed.D. will offer their thoughts for current best practice, highlight the first principles that undergird Title IX no matter what political winds are blowing, and try to prepare you for where the future direction of litigation and regulation is likely to take us. Plus, we’ll talk about the wave of new policies banning employee-student relationships, and what you ought to be considering as pressure mounts to revise those policies, as well.

ATIXA is following up on the initial 2019 series of webinars to cover the implementation steps of changes coming from OCR, including Q&A from our membership. Our webinar is designed to provide Title IX practitioners with a step-by-step plan to implement changes from the regulations. The webinar will be approximately 90 minutes in length. All attendees will receive the recording with purchase. A recording of the webinar will be available for purchase for those unable to attend the live event.