Episode 46: Parallel Criminal and Title IX Processes with Betsy Smith
Release Date: 03/17/2022
Episode 73: ICS Updates and the First 70+ Days
The Law & Education
A lot of ground is covered during this informational episode of The Law and Education Podcast to bring listeners up to speed with the changes to Title IX, Diversity Equity and Inclusion (DEI), and federal funding under the current administration. It is also Sexual Assault Awareness Month, and our conversation touches on the role of Title IX in relation to this. Next, we discuss the recent announcements from the Department of Education and the process that lawmakers are required to follow in order to make changes to the 2020 Title IX regulations. We unpack how the Office for Civil Rights (OCR)...
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Episode 72: The Initial Days under the Trump Administration: Presidential Directives, Agency Policies, and Legal Challenges with Steven Richard
The Law & Education
Impulsive action is oftentimes the wrong action. This episode is a reminder to remain calm amidst the uncertainty many schools are facing under the new administration. Joining us is Steven Richard, a Trial and Appellate Attorney, admitted in Federal and State Courts in Rhode Island, Connecticut, and Massachusetts. His practice areas include business litigation, education law, employment law, and representing management in governmental law. In our conversation with Steven, he shares his insights on how to navigate the ever-changing landscape we find ourselves in today and unpacks some of the...
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Episode 71: New Law! Stop Campus Hazing Act Requirements with Lindsay Hatzis
The Law & Education
In late 2024, the Stop Campus Hazing Act was signed into law, amending the Clery Act – a consumer protection law designed to enhance transparency around campus crime policies and statistics. Beginning in 2025, institutions receiving federal student aid must comply with these new requirements. But what does this really mean for colleges and universities? Who is responsible for compliance, and what are the risks of falling short? Joining us today to answer these questions is Lindsay Hatzis, a Title IX Equity and Clery Specialist at ICS. In this episode, we start with a look at the Clery...
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Episode 70: The First 30 Days: Stay Updated Without the Overload
The Law & Education
The transition to the new administration this past month has brought a host of rapid changes in education-related law and compliance. A lot of developments have happened that may impact the Title IX and equity space. It’s more important than ever before to stay informed but not overwhelmed, and this episode aims to share key insights to help you do exactly that. Join us as we discuss the critical role of an informed community, what the upcoming changes might mean for practitioners, and more. You’ll receive practical resources to help you understand what the new Executive Orders may mean,...
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Episode 69: Title IX Coordinators as Leaders: Shelli Warren on What it Takes to Be Great
The Law & Education
If you’re getting paid to ensure the outcomes of a group of people, you’re now a leader. At ICS, we are often training Title IX coordinators on the fact that they are leaders of a Title IX Team. Shelli Warren is a Women’s Team and Leadership Advisor providing high-touch team and leadership coaching for established small business owners. She joins us in conversation to unpack what it truly takes to be a good leader and how to identify the potential for leadership in others. We discuss strategy, networking, the role of branding in every industry, and much more. Whether you’re a Title IX...
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Episode 68: Celeste Bradley Discusses ICS Services and Title VI
The Law & Education
Many institutions are well acquainted with Title IX compliance but are less informed about adhering to other civil rights laws, like Title VI. Today, we are talking with Celeste Bradley, Chief Services Officer at Institutional Compliance Solutions (ICS), about the complexities of Title VI compliance and how to address discrimination based on race, color, or national origin. We discuss the contours of Title VI compliance, who it protects, its similarities to Title IX compliance, and important trends to be aware of regarding Title VI. Celeste breaks down key takeaways for schools to ensure they...
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Episode 67: Restorative Justice, ADR, and Title IX with Dr. Kaaren Williamsen
The Law & Education
Leadership is at the heart of every Title IX coordinator's role, making it essential to have a clear vision. This episode, the first in a series on leadership, revisits a past conversation with Dr. Kaaren Williamsen, Director of the Prevention Education, Assistance & Resources (PEAR) unit within the Equity, Civil Rights, and Title IX Office at the University of Michigan. In this insightful discussion, Kaaren offers valuable guidance for Title IX coordinators as they lead efforts on campuses and in districts. She also shares strategies for incorporating restorative justice practices into...
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Episode 66: Major Update: 2024 Title IX Regulations Vacated
The Law & Education
As always, things are constantly changing in the Title IX world. We already have an update with respect to the 2024 Title IX regulations. Join us as we uncover the details of this regulation and the significant implications it will have this year. You’ll also receive some important advice on how to proceed as a Title IX practitioner. Tune in to clear up any confusion and receive the necessary resources to move forward with this huge change in mind. Thanks for tuning in! Key Points From This Episode: This episode’s topic: the latest updates to Title IX regulations. What the January...
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Episode 65: 2025 Is Here: Reflections, Announcements, and What's Next for ICS!
The Law & Education
We are off to the races with The Law and Education Podcast for 2025 – we hope you are well-rested, rejuvenated, and ready to tackle everything this year throws at you! Today is all about reflecting on where we’ve been, making some major announcements, and outlining our path forward for 2025. We learn about Celeste Bradly and Betsy Smith’s new job titles as Chief Solutions Officer and Chief Innovation Officer respectively, what Courtney deems as vital in life and how she’s carried these philosophies into ICS, and why leadership is our focus for the first month of the year. We also...
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Episode 64: Preparing for Post-Election Shifts in Title IX
The Law & Education
Join Courtney Bullard for a quick informational episode about what to expect post-election in the Title IX space. We take a look at what we know about President-Elect Trump and his plans for Title IX, a reminder to register for Title IX training sessions, details on the upcoming complimentary webinar in January 2025, and more about the Title IX, Mental Health and School Safety Symposium to be held in Nashville on April 3-4th, 2025. Continue the good work you’re doing on the ground, thanks for listening! Key Points From This Episode: Today’s topic of conversation: post-election...
info_outlineNavigating the Title IX process as a school or institution can be incredibly challenging, especially when there is a simultaneous, or parallel criminal process taking place. Here to help us unpack this challenging topic is Betsy Smith, a Senior Investigator and Consultant at Institutional Compliance Solutions (ICS) and K12 Team Lead. Betsy’s experience as a former prosecutor puts her in a unique position to give clarity on these subjects. In addition to her expertise in managing trauma and being trauma-informed, she also has extensive knowledge of the processes involved. In our conversation, we discuss some of the key points that need to be considered when engaging in the Title IX process. We cover the school’s obligations when they have knowledge of an incident, some of the support that Title IX coordinators need from other teams, and why it’s essential that the criminal and Title IX cases remain entirely separate and shouldn’t be determinant of one another when running in parallel. Betsy describes some of the oversights that can lead to the dismissal of a criminal case and why that does not prove the conduct did not take place. We also spend some time talking about how complainants tend to behave in these cases, why they might withdraw their involvement, and how to ensure their safety in these types of proceedings. Our conversation today covers a lot, from the cycles within an abusive relationship, to how institutions can form productive relationships with law enforcement and better navigate these processes. For more insights into this expansive topic, be sure to tune in today.
Key Points From This Episode:
- Introducing today’s guest, Betsy Smith, Senior Investigator, and Consultant at Institutional Compliance Solutions (ICS) and K12 Team Lead.
- The many questions we’ve been receiving about when a school is obligated to conduct a Title IX process while there is a simultaneous, or parallel criminal process happening.
- Betsy’s experience as a prosecutor and why she is uniquely equipped to talk about parallel criminal processes.
- The value of being trauma-informed and the knowledge Betsy gained prosecuting child sex crimes.
- The distinction between criminal and civil cases.
- What it means for two processes to be running parallel.
- The responsibility of law enforcement and institutions in parallel cases.
- An overview of how the criminal process works.
- What it means to have probable cause and the role of the prosecutor.
- Why parallel civil and criminal processes need to be separate and not be determinant of one another.
- Some of the things that can lead to the dismissal of a criminal case and why that does not prove the violation did not take place.
- How to avoid retraumatizing the complainant through multiple interviews by law enforcement and other figures.
- How an institution can establish a relationship with law enforcement when they have an obligation to pursue a Title IX process during a criminal investigation.
- Why the SRO position often feels like a dual role.
- Advice on who you can call to find out whether a violation has mandatory reporting status.
- The distinction between finding someone responsible versus guilty.
- Insights into the requirements for the terms ‘clear and convincing’, ‘preponderance of evidence’, and ‘beyond a reasonable doubt’.
- A breakdown of the violations that Title IX covers.
- Some of the new regulations around dating violence, domestic violence, and sexual assault.
- How Title IX obligations affect an investigation.
- Why recognizing a violation as a Title IX case from the start is so important.
- Betsy’s key pieces of advice for anyone dealing with domestic or dating violence cases.
- Why the Title IX coordinator needs support from other teams.
- The cycles of abuse and why a complainant may decide to withdraw from an investigation.
- Why your decisions as a Title IX coordinator need to prioritize keeping the complainant safe.
- Some tactical tips for when you have a parallel criminal process to your Title IX process at your school or campus.
Links Mentioned in Today’s Episode:
Higher Ed Virtual Certified IX Training