The Law & Education

The Law & Education podcast discusses the many legal issues that affect colleges and universities and intersect with Title IX. Host Courtney Bullard interviews subject matter experts, thought leaders and advocates to provide a diverse perspective on these legal issues and Title IX compliance. Courtney also provides informational podcasts to address new changes in the law.

Episode 73: ICS Updates and the First 70+ Days 04/17/2025

Episode 73: ICS Updates and the First 70+ Days 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) is enforcing Title IX today, and how the Department of Education’s recent order is affecting our institutions. Also included in this episode is a look at the Dear Colleague Letter and Family Educational Rights and Privacy Act (FERPA) investigation. It has been an unprecedented academic year, and ICS aims to keep everyone up to speed as best as possible. Join us for a broad overview of some key points affecting education today. Key Points From This Episode: ICS’s first Title IX Mental Health and School Safety Symposium. The training plan that ICS is finishing up for summer going into fall. Blueprints for different policies that ICS has made available. What was covered in Episode 72: the initial impact of the current administration. Sexual Assault Awareness Month and Title IX. Announcements from the Department of Education with respect to special needs funding, student loans, and more. The process that must be followed for any changes to be made to the 2020 Title IX regulations. How OCR is enforcing Title IX today. The Department of Education’s order that K-12 districts certify that they are ending any DEI practices as a condition for receiving federal money. The Dear Colleague Letter and investigation into FERPA under California statute related to transgender parent notification. What the most recent official freeze entails: 790 million in federal funding at North Western University. How ICS is aiming to keep listeners up to speed with the many changes coming from the current administration. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/36196875

Episode 72: The Initial Days under the Trump Administration: Presidential Directives, Agency Policies, and Legal Challenges with Steven Richard  03/13/2025

Episode 72: The Initial Days under the Trump Administration: Presidential Directives, Agency Policies, and Legal Challenges with Steven Richard  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 changes that are most relevant to the education space. We discuss how to do a holistic assessment of the impact of changing regulations on your institution and what it might look like to provide much-needed perspective to your clients. Tune in for essential advice on how to navigate today’s evolving litigation landscape at your campus or school district! Key Points From This Episode: The upcoming Title IX, Mental Health and School Safety Symposium hosted by ICS Lawyer. Three things to bear in mind while assessing the recent changes. What an Executive Order is and how it impacts citizens. Assessing what is different about the way current Executive Orders are rolling out. Making an individual, holistic assessment of your culture, community, clients, and policies. The role of Dear Colleague Letters and how these differ from regulations. How dozens of Federal Departments are impacting funding for schools and universities. Why it is so important for senior administrators to bring much-needed perspective to clients. Questions following the February 14th Dear Colleague Letter. Litigation and challenges to Executive Orders: funding, judicial DEI issues, and more. Prioritizing a reassuring message alongside behind-the-scenes implementation. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/35653695

Episode 71: New Law! Stop Campus Hazing Act Requirements with Lindsay Hatzis 03/06/2025

Episode 70: The First 30 Days: Stay Updated Without the Overload 02/06/2025

Episode 69: Title IX Coordinators as Leaders: Shelli Warren on What it Takes to Be Great  02/06/2025

Episode 68: Celeste Bradley Discusses ICS Services and Title VI 01/30/2025

Episode 68: Celeste Bradley Discusses ICS Services and Title VI 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 comply, like having an accessible reporting process, clear policies, training, tracking, language assistance, and immediate support in cases of discrimination. We also discuss broader jurisdictional concerns around Title VI enforcement before learning how ICS helps schools comply with Title VI, ensuring fair treatment and access to education for all students. For an in-depth discussion on the intricacies of Title VI compliance, be sure to tune in! Key Points From This Episode: Introducing today’s guest, Celeste Bradley, ICS’s new Chief Services Officer. ICS services and a behind-the-scenes look at what Celeste does operationally for ICS. An overview of Title VI: discrimination based on race, color, or national origin. How ICS assists with Title IX compliance and other civil rights laws, like Title VI. The importance of having a process for reporting and handling complaints under Title VI. How climate surveys can help schools understand and address issues affecting students. Broader jurisdictional issues and trends around Title VI enforcement. Why schools need to provide language assistance to students with limited English proficiency. How to put an effective system in place to track patterns and trends. A reminder of key steps like collecting evidence and offering support. What to expect from the ICS process and support on Title VI compliance. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/35071430

Episode 67: Restorative Justice, ADR, and Title IX with Dr. Kaaren Williamsen 01/22/2025

Episode 67: Restorative Justice, ADR, and Title IX with Dr. Kaaren Williamsen 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 their work, distinguishing restorative intervention from mediation, and encouraging a broader perspective that prioritizes responsibility. This approach moves beyond simply addressing policy violations to genuinely meeting human needs. Join us as we explore these topics and more. Key Points From This Episode: The content of this episode: a replay of a past conversation with the highly experienced Dr. Kaaren Williamsen. Her professional journey which began at Carlton College. What her role at the University of Michigan’s Sexual Assault Prevention and Awareness Center. Understanding the shared responsibility of creating safe spaces on campus. Two elements to Kaaren’s concept of restorative justice. How restorative justice can be incorporated into a formal grievance process. Adapting to specific needs for justice and accountability on a case-by-case basis. How choosing a restorative approach empowers Title IX workers. Reframing an understanding of the processes and their purpose. Embracing a bigger vision for how to do this work. Why every Title IX role is a leadership role. How the entry point to restorative justice in the context of sexual misconduct differs from a mediation process. The danger of over-emphasizing reporting. Going beyond addressing a policy violation to address human needs. Unpacking the ‘both and’ approach. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/34964510

Episode 66: Major Update: 2024 Title IX Regulations Vacated 01/16/2025

Episode 65: 2025 Is Here: Reflections, Announcements, and What's Next for ICS! 01/10/2025

Episode 64: Preparing for Post-Election Shifts in Title IX 11/21/2024

Episode 63: A View from the Ground with ICS Specialist Brittany Gates 11/19/2024

Episode 63: A View from the Ground with ICS Specialist Brittany Gates Is community the greatest asset to a Title IX Coordinator? Today’s guest began as a client and Community Partner before joining the team here at ICS. Brittany Gates is a mental health expert who serves as a Title IX and Equity Specialist at Institutional Compliance Solutions, LLC, and we begin today’s conversation with how she got into the Title IX space. We learn about Brittany’s entry into Title IX, her first experience with ICS, the benefits of being a Community Partner, and what her daily role at ICS entails. Brittany then describes the difficulties of navigating new and constantly changing Title IX regulations as an Interim Title IX Coordinator for institutions under different regulations. She also explains the benefits utilizing an Interim Title IX Coordinator for institutions and/or districts who may be experiencing a gap in staffing. To end, Brittany gives some words of advice to Title IX Coordinators on how to nurture their own mental health, and the mental health of those Coordinators interact with each da. Key Points From This Episode: The ICCS 2025 Spring Training Calendar is now open with discounts for early registrations! Brittany Gates walks us through her path to doing Title IX work. Brittany’s first experience of ICS as a client, coordinator, and Community Partner. The benefits of being a Community Partner as a new Title IX coordinator and amidst new regulations. What Brittany’s role as the Title IX and Equity Specialist at ICS entails. The difficulties of navigating fluctuating regulations. How the concerns of ICS have changed from when Courtney founded it to now. The benefits for schools in hiring an Interim Title IX Coordinator when there is a gap in staffing. Title IX, equity, and mental health considerations for an increasingly volatile world. Brittany’s final words of wisdom and hope. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/33972257

Episode 62: Title IX and Athletics: Equipping & Empowering Coaches, Parents, and Athletes with Heath Eslinger 08/15/2024

Episode 62: Title IX and Athletics: Equipping & Empowering Coaches, Parents, and Athletes with Heath Eslinger Today on The Law and Education Podcast, we step away from the chaos and confusion surrounding the Title IX litigation landscape and the August 1st implementation deadline to bring you an important conversation. Join host Betsy Smith, Director of Title IX Services at ICS, and Heath Eslinger, Cofounder of A Better Way (ABW) Athletics, for an enlightening discussion on Title IX and its impact on athletics. Betsy and Heath delve into how Title IX regulations influence the sporting world and the necessity of equipping coaches, parents, and athletes with the appropriate infrastructure, tools, and resources. They provide valuable insights and practical advice to help everyone involved in athletics achieve their goals and enjoy a positive sporting experience. The conversation also addresses the critical issue of hazing, offering guidance on training and prevention within the context of Title IX compliance. For a deeper understanding of the intersection between education, law, and athletics, and to learn how to foster a safer and more supportive environment for all athletes, be sure to tune in today! Key Points From This Episode: An introduction to Heath, ABW Athletics, and his work in the sports and education space. The importance of training and preparation for coaches and sports leaders. Compliance versus real change and how we can better support our coaches. Reasons that education and sports leaders should be proactive rather than reactive. The realities of hazing, how damaging it can be, and why awareness is critical. Why tradition isn’t an acceptable excuse for unethical practices. The immense power of servant leadership, continuous learning, and humility. What it looks like for a coach to commit to the well-being of the athletes in their care. Practical advice for discussing difficult topics like hazing with young kids. Training and prevention guidelines for coaches and administrators in the context of Title IX. The profound impact coaches have on children (and why we need to take it seriously). A quick recap of the key takeaways from today’s conversation. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/32574032

Episode 61: Title IX Litigation Update – My Crystal Ball is Broken… 07/18/2024

Episode 60: Title IX Litigation – Pause 07/11/2024

Episode 59: The New Title IX Regulations are Here... the Advice You Wouldn't Expect 04/24/2024

Episode 58: Year End Reflection and Important Title IX Updates 12/21/2023

Episode 57: Where Are the Title IX Regs? 10/26/2023

Episode 57: Where Are the Title IX Regs? It's October 2023 and the long-awaited Title IX regulations remain a topic of anticipation and speculation. Back in May of 2023, the Department of Education and Office for Civil Rights projected that we'd see these new regulations this month. However, it seems highly unlikely that this timeline will be upheld. So where are we now? And when can we expect to see new Title IX regulations released? In today’s episode, we look back at what has happened thus far and where we might be going with these regulations. We get into the public comment period initiated by the Notice of Proposed Rulemaking, the thousands of comments the Office for Civil Rights is tasked with responding to, and the Office of Information and Regulatory Affairs (OIRA) review that is yet to be completed. Today’s episode also covers when we predict the new regulations will be released along with recommendations on what to do in the interim as you continue your compliance efforts. To hear all the latest on this topic and what to expect in the future, be sure to tune in! Key Points From This Episode: Some updates on what has been happening at ICS. A quick rundown of our virtual and in-person training options. The new Title IX regulations that were set to be released in October of 2023. Assessing where we are now, in October 2023, and why we do not foresee the release of new Title IX regulations by the end of the month. How the Department of Education is empowered to draft and release regulations. A reminder of the draft rules, published in July of 2022, that amend the 2020 regulations. The 2020 Title IX regulations that we have been under for the past four academic years. An overview of the Notice of Proposed Rulemaking (NPRM) and how that initiated a public comment period under the Administrative Procedures Act (APA). How the Office for Civil Rights is tasked with responding to all comments submitted. The final regulation that gets released and how it can be modified by public comments. Why we don’t expect either of the two announced regulations to be released this month: the Office of Information and Regulatory Affairs (OIRA) review that is yet to be done. An overview of what the OIRA review entails. Our prediction for when new regulations could be implemented in 2024. Recommendations on how to continue compliance efforts in the interim. Don’t forget to like, review, and subscribe to help us grow! Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/28367237

Episode 56: K12 Title IX Compliance - A View from the Ground 09/07/2023

Episode 56: K12 Title IX Compliance - A View from the Ground Betsy Smith, Director of Title IX Services at ICS, takes the role as host this episode and interviews Jared Smith - former K12 administrator, ICS Client Relationship Specialist and her husband. Tuning in, you’ll hear about Jared’s experience in education leading up to his current role, and how he brings everything he learned there to his work. From his early perceptions of what Title IX encompasses to his view on effective discipline and more, Jared shares his practically informed perspective on Title IX compliance for K12. This conversation also serves as a word of encouragement for anyone working in the field and feeling alone. Alienation is common to the experience of those holding Title IX roles, and support is available despite the siloed nature of the job. Tune in for practical advice and powerful insights sure to improve your day-to-day compliance efforts. Thanks for listening to this unmissable episode! Key Points From This Episode: Exciting changes with the Law & Education Podcast. Introducing Betsy Smith, Director of Title IX Services, who plays host to her husband, ICS employee Jared Smith. Jared’s role as a Client Relationship Specialist at ICS. What Jared considers the most rewarding thing about his experience in K-12. The hardest part of the role he used to occupy. His strategy for dealing with difficult parents. Jared’s role on the ground as an administrator in the Title IX space. Jared’s early perception that Title IX is only about athletics. A word of encouragement to those feeling alone in their Title IX work. Why having flow charts and steps set out was so helpful to Jared in implementing Title IX in a complex matter. What it was like to occupy a disciplinary role while providing Title IX Support. Building personal relationships with school kids. The importance of creating trust: having their best interests in mind. Why it’s easy to feel siloed within this work. An incentive for positive engagement using a fire alarm. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/27960483

Episode 55: Title IX Considerations With Faith-Based Schools 06/29/2023

Episode 55: Title IX Considerations With Faith-Based Schools Title IX prohibits sex-based discrimination in any educational institution and can be quite a tricky topic in faith-based schools. Today’s episode shares a recent webinar on this topic. In this webinar Brittany Gates, Title IX and Equity Specialist at ICS, shares her experience as a Title IX Coordinator at a faith-based school, exactly what Title IX is, how to claim a religious exemption under Title IX, and why defined religious values are imperative in these instances. We also discuss code of conduct behaviors in these types of schools, how a safe and healthy culture can be built, why Title IX discipline and school discipline are separate matters, and so much more. We even delve into sexual harassment reporting barriers and how to remove them before Brittany tells us how amnesty policies can assist in that, how to create effective prevention programming in faith-based schools, and why communication is key. Finally, we discuss the importance of having a good mindset, taking charge of what you can control, and being kind and supportive in these situations. You don’t want to miss out, so tune in now! Key Points From This Episode: Introducing the hosts of today’s webinar, Brittany Gates and Betsy Smith. A brief overview of Brittany’s background in faith-based schools. What Title IX is and who is exempt from certain aspects of it. The ways a school can demonstrate that they are controlled by a religious organization. How to be assured that your exemption applies. The importance of knowing the religious values that guide faith-based schools. How inconsistent code of conduct behaviors could overlap with Title IX. How to build a safe and healthy culture to respond to Title IX matters in faith-based schools. Why the school’s discipline process cannot be used outside of Title IX. Sexual harassment reporting barriers in faith-based schools and how to remove them. How to optimize amnesty policies so they can assist in removing reporting barriers. The importance of open communication and how to demystify it in faith-based schools. How to have healthy conversations on the topic of sex and sexuality. What building a healthy culture in faith-based campuses looks like. Areas to consider for effective prevention programming: consent, bystander intervention, and being open about your policy. The importance of having a good mindset and not getting boxed-in, in the rules. The things you can be responsible for outside the realm of the schools’ rules. Why you have to be kind, clear, and offer support. Why you should consider employee amnesty in faith-based schools. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/27312927

Episode 54: There is Work to Be Done in the Waiting: Your Summer Title IX Checklist 06/22/2023

Episode 53: Emergency Removals and Admin Leave under Title IX 04/13/2023

Episode 53: Emergency Removals and Admin Leave under Title IX We are still under the 2020 Title IX regulations, so it’s essential to get in compliance with them! During today’s conversation, your host, Courtney Bullard, unpacks the topic of emergency removals and administrative leave, and the surrounding procedures and regulations. Tune in to hear what coordinators are permitted to do, how to distinguish between disciplinary and supportive measures, and why it is so important to do an individualized safety and risk assessment to determine the threat level in question. Hear what ICS recommends for decision-making and involving a threat assessment team before we touch on the ongoing analysis to determine the appropriate measures to take. Join us today to stay informed on all this and more! Thanks for listening. Key Points From This Episode: Background on your host, Courtney Bullard. What you will learn if you revisit our first episode. Today’s topic: emergency removals and administrative leave under Title IX. A reminder that we are currently under the 2020 Title IX regulations. An invitation to Diamond Level Community Partners to do our Level 2 Specialty Course. Who this episode is most relevant to: Title IX Coordinators, Deputy Title IX Coordinators, Student Affairs Professionals, and beyond. The formal Title IX process under 2020 regulations. The limited follow-up coordinators are allowed to do. Supportive measures and the surrounding requirements. Distinguishing between discipline and supportive measures. The individualized safety and risk assessment that must take place to determine the level of threat. Providing the opportunity to challenge an emergency removal. Why it is not recommended that the Title IX coordinator acts as an administrator if he or she is making the final decision. What emergency removals are for: emergencies and immediate threats. Highlighting that administrative leave is not intended for emergencies. The importance of involving a threat assessment team. Ongoing analysis to determine appropriate supportive measures that can be put in place. A recommendation to make sure there is something on Title IX included in your policies. What to expect next on this podcast. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/26522640

Episode 52: CHIPS with Andrea Stagg and Joe Storch 03/30/2023

Episode 52: CHIPS with Andrea Stagg and Joe Storch Today’s topic gets really interesting when it impacts Title IX. Joining us today to explain the CHIPS Act of 2022 and how it might impact you are Joe Storch and Andrea Stagg with Grand River Solutions. During today’s discussion, our guests distill the role and implications of the Act, and what it means for compliance. We touch on institutional reporting, and the three big agencies promulgating the rules. You’ll hear how the incredibly low rate of reporting on sexual harassment impacts procedure, along with some innovative solutions for the problem. We talk about the role of Sponsored Programs Officers and in-house support for Title IX Coordinators, and discuss the expected timeline for new regulations to go live. We hope you join us today to hear all this and more from these two passionate experts here to equip you with the knowledge you need. Thanks for tuning in! Key Points From This Episode: An update on what the team at ICS has been working on. What you can look forward to next, including a conference, virtual training, and more. Two newly launched interactive tools for Title IX Coordinators. Introducing today’s guests, Joe Storch and Andrea Stagg with Grand River Solutions. Today’s topic: The CHIPS Act of 2022. An overview of the CHIPS Act and which part of it will be discussed today. Surprising statistics proving the prevalence of sexual harassment in STEM. How Grand River Solutions goes beyond Federal Law to ask questions and establish policies. What the laws detailed in CHIPS bring to compliance. Required institutional reporting and the three agencies that have promulgated rules. How the low rate of reporting sexual harassment impacts procedure. How a lack of appropriate definitions poses a challenge to compliance. Advice for Title IX Coordinators to reach out to Sponsored Programs Officers and in-house counsel. The timeline surrounding the bill and why deadlines are unlikely to be met. The 32 million dollars put behind addressing sexual harassment in STEM. The timely publishing of Lessons in Chemistry. Andrea and Joseph’s hope and predictions for the future. The role of politics in regulation-making and enactment. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/26384103

Episode 51: The Importance of Visibility of the Title IX Coordinator with Betsy Smith 01/26/2023

Episode 51: The Importance of Visibility of the Title IX Coordinator with Betsy Smith Today on The Law and Education Podcast, we sit down with the Director of Title IX Services at ICS, Betsy Smith to talk about why visibility for the Title IX Coordinator is so essential. Betsy brings a unique skill set to the ICS team, having served as an assistant district attorney and student affairs professional. Recently, she worked for five years as the Director of Student Conduct and Deputy Title IX Coordinator at a large state institution where she oversaw more than 2,000 Title IX and other campus investigations a year. The content of this episode comes from a recent ICS Community Partner meeting, where Betsy presented some of the work she is doing to ensure that the campus and the community at large are up to date about what her office does to encourage reporting, educate about Title IX, and the resources that her office provides. Betsy brings a wealth of passion and innovation to this conversation and some valuable on-the-ground experience too. Tune in to learn about the relationship between visibility, reporting, and prevention, as well as how to leverage social media, the importance of practicing your “elevator speech,” and more! Key Points From This Episode: What it means to be a Community Partner at ICS and what’s new in 2023. Why it’s important for the Title IX Coordinator to be visible, starting with increased reporting. The correlation between reporting, data, understanding, and prevention. How to increase visibility by acting like a business. Why Betsy recommends leveraging social media to encourage reporting. The importance of having a Title IX “elevator speech” and leading with support. Tips for making yourself known to the community as a Title IX Coordinator. What Betsy calls Team 9 and the branding component of making that team visible. The value of presenting as vulnerable and approachable on social media. How you can access the free ICS website checklist resource. Using the concept of a billboard to help you think about visibility and presence on campus. How to ensure that your personality shines through in the data to drive prevention. Advice for developing the infrastructure to be able to handle increased reporting. The role that directed training and education play in fueling prevention. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/25355466

Episode 50: Welcome to 2023 with Courtney Bullard: Behind the Scenes on the Business of ICS 01/12/2023

Episode 50: Welcome to 2023 with Courtney Bullard: Behind the Scenes on the Business of ICS Before starting a new year, it’s always good to “measure backward” and reflect on the accomplishments, challenges, and growth of the past year. Today’s episode is something a bit different as we peel back the curtain and show you what goes on behind the scenes at ICS! In this episode, Courtney Bullard reflects on some of the accomplishments of ICS in 2022 before shedding light on what you can expect from the company in 2023. You’ll hear about ICS’s certification as a women’s business enterprise, how the company has grown, how many people they have certified, and how much money they have saved clients. You’ll also hear about Courtney’s definition of success and the values held by her and instilled in the company. To find out more about how Courtney wants to help business owners, the job opportunities available at ICS, and some of the events ICS has planned for 2023, tune in today! Key Points From This Episode: Why Courtney considers herself an “accidental entrepreneur.” What it means to measure backward. Insight into Courtney’s annual practice of reflecting on the past year. Highlights from ICS’s 2022 accomplishments, including becoming a certified women’s business enterprise. Community Partners and clients that ICS now has in 47 states. The number of Title IX professionals certified by ICS this year. Title IX university logins, courses completed, and money saved in 2022. The addition of DEI University. How Courtney measures ICS’s success (and her personal definition of success). The values held by Courtney as a business owner and instilled in the culture of ICS. Courtney’s goal to connect with others who want to own or run their own business in 2023. Some of the job opportunities available at ICS. What you can look forward to from ICS in the upcoming year! A huge thank you to the ICS family, clients, and listeners of this podcast. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/25355436

Episode 49: 2022 NPRM Top 10 things 07/28/2022

Episode 49: 2022 NPRM Top 10 things Has Title IX compliance got you stressed? Are you confused about the new proposed regulations? Well, this episode is for you! It is hard to believe that July is almost over and with it comes a new set of proposed Title IX regulations. The academic year is in full swing, which means new students and employees, making it essential for institutions and school districts to ensure Title IX compliance. The proposed regulations are 700 pages, and Courtney has condensed them into a Top 10 for you. We work through the most fundamental additions, modifications, and changes in the proposed Title IX regulations and learn when to expect their implementation. Tune in to ensure you are up to date and prepared for the future of Title IX with your host, Courtney Bullard! Key Points From This Episode: We kick things off by learning about some NPRM resources. When the comment period ends concerning the proposed NPRM regulations. What happens after the comment period ends. Find out when the proposed NPRM will be finalized. Learn how the scope of the proposed regulations has expanded. How behavior may trigger the proposed regulations. The expansion of mandated training and who this would include. Changes that have been made regarding employee reporting commitments. An overview of the additional and modified definitions. How the Title IX coordinator's role will change with the new regulations. Details about how the definition of Title IX sexual harassment will change. Modifications to the grievance process and what it encompasses explained. When an informal resolution can be implemented and the role of a Title IX coordinator. The proposed approach to retaliation protection in the new regulations. Ways in which the new regulations will deal with discrimination concerning pregnancy. An outline of the proposed expansion of record-keeping requirements. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/23878656

Episode 48: Title IX Religious Exemptions 05/26/2022

Episode 48: Title IX Religious Exemptions Welcome back to the Law and Education Podcast! Today’s episode is an informational conversation on the topic of religious exemptions. Over 60% of our clients and community partners are faith-based institutions, so we have been fielding an increasingly high number of questions in the changing landscape. Tune in to learn how to prove that your school or institution qualifies for a religious exemption and hear about the key cases that have brought the exception into question. If your institution intends to use this exemption, you should carefully review the requirements to ensure that any prohibited conduct is closely aligned with your religious tenets. We end our podcast with practical advice on utilizing the summer to prepare for next year. Thanks for tuning in! Key Points From This Episode: An introduction to today’s topic and what motivated us to talk about it. Why the burden is on an institution to prove that it qualifies for a religious exemption. The six ways an institution can qualify for the religious exemption. The new Religious Liberty and Free Inquiry Rule that may alter these requirements. A key case on the issue involving Fuller Seminary in 2021 around the dismissal of students married to people of the same sex. The response of LGBTQ+ students contesting the Title IX exemption. Hunter v Department of Education: the class action where plaintiffs allege that the exemption allows taxpayer funded religious institutions to abuse and oppress LGBTQ+ students. The further claim that the lack of action allows LGBTQ+ students to be exposed to conversion therapy, sexual abuse, and harassment in schools. An example of BYU school in Utah that has banned dating between LGBTQ students. The Clarks Summit case where a student was reported to be in a same-sex relationship and thus not permitted to graduate. What to consider as a faith-based institution: clarify your religious tenets, keep your policies narrowly tailored, and widely disseminate them. Why it is important to be mindful of retaliatory actions regardless of whether someone is a member of the LGBTQ+ community. The importance of consulting legal counsel. Why, if you intend to use this exemption, you should carefully review the requirements to ensure that any prohibited conduct is closely aligned with your religious tenets. Resources to learn more: the broad post on our website and the Religious Exemption Accountability Project. How you non-Community Partners can join our LISTSERV dedicated to faith-based institutions for 6 months. What ICS is busy with at the moment, assisting on the ground, and partnering with you. Why summer is the time to review your policies and procedures. Title IX University and the benefits of becoming an ICS partner. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/23224085

Episode 47: Title IX litigation update with Steven Richard 05/19/2022

Episode 47: Title IX litigation update with Steven Richard In today’s episode, Courtney talks Title IX litigation with Steven Richard, a highly experienced trial and appellate lawyer who handles commercial, higher education, privacy, and employment cases on federal and state court levels. We find out about Steven’s educational and professional background, a pivotal moment for Title IX case law with a recent Supreme Court decision in Cummings, considerations on how to effectively litigate in the Title IX context, the current challenges litigating Title IX cases, the role the media plays in creating bias, alternative courses of action for plaintiffs, and much more. Learn about a fascinating and evolving space with expert Steven M. Richard. Title IX lawyers, you will not want to miss this episode. Key Points From This Episode: Details about the September 15th live K-12 Investigator training. A pivotal moment in Steven’s career regarding a Title IX case. Why two past Supreme Court decisions are essential to higher education law. Some of the challenges applying Gebser and Davis case law in real-world scenarios. Why it is essential for a grass-roots approach to compliance with Title IX on campus. One of the challenges in explaining Title IX compliance in the courtroom. The constant challenge of dealing with bias challenges in Title IX litigation. Steven shares his thoughts on the NPRM. Rundown of whether the Supreme Court will revisit the Davis causation requirement. Issues media coverage can cause to the reputation and narrative of a particular case. Steven breakdowns the recent Supreme Court opinion, Cummings, that is a game changer in Title IX litigation. Alternative courses of action a plaintiff can make to recover damages outside of Title IX. Explanation of the current litigation trends in Title IX that Steven is experiencing in his practice. Why Steven believes understanding Title IX and the context is so important to being a Title IX litigator. Importance of recognizing the differences between law enforcement and college responses. Discussion about the future of Title IX and how it might change. Links Mentioned in Today’s Episode: /episode/index/show/thelawandhighered/id/23154140

Episode 46: Parallel Criminal and Title IX Processes with Betsy Smith 03/17/2022

Episode 46: Parallel Criminal and Title IX Processes with Betsy Smith Navigating 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: /episode/index/show/thelawandhighered/id/22474637

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