The Law & Education

We welcome Joe Storch from SUNY back to the show today to chat some more about the new regulations in Title IX and get into some thoughts on the power of prevention. We use this episode as an update on the current goings-on in the litigation around the new regulations but also use it as a jumping-off point for a host of other relevant issues in the space right now. It feels like the year 2020 has...

In this brief informational episode, Courtney discusses prioritizing compliance obligations for meeting the August 14th deadline imposed by the Department of Education for implementation of the new Title IX regulations, her words of advice regarding using model policies as a jumping-off point, the work that must be done after August 14th, her experience working with and talking to Title IX profess...

In this episode, Courtney continues her conversation with Jake Sapp on the legal challenges to the new Title IX regulations. Jake is the Deputy Title IX Coordinator and Compliance Officer for Austin College and holds a JD from Stetson. He is well versed in the Title IX litigation landscape and provides some synthesis of this complex topic as we talk about the selection of lawsuits that are underwa...

Joining Courtney to discuss legal challenges to the new Title IX regulations that were issued on May 6th is Jake Sapp! Jake is the Deputy Title IX Coordinator and Compliance Officer for Austin College and holds a JD from Stetson. He is very well versed in the current Title IX landscape as well as the important precedents relevant to the space. Jake has a large amount of experience speaking on the...

There's no question that these are unprecedented times for everyone, including school districts and institutes of higher education. COVID, killer bees, natural disasters, and now the new Title IX regulations issued by the department of education. My guest this week is Melissa Carleton, a partner at Bricker & Eckler. Melissa advises higher education entities in a variety of areas, including student...

We are living through unprecedented times both nationally and globally.  For those in the Title IX profession, these complicated times have been further exacerbated with the release of the new Title IX Regulations by the Department of Education on May 6, 2020.  Today on the show Courtney is joined by Joseph Storch, a name well-known to most in the field.   Courtney and Joe discuss the new regulati...

Today we're flipping the script to bring you an interview where your host Courtney Bullard features as a guest on the Higher Ground podcast with John Graff. In this episode, Courtney, John, and Scott Schneider discuss COVID-19, the NPRM and its implications, and more. These two men are respected colleagues in the industry; some might recall Scott being a former guest on the show. Scott is a well-k...

During this time of so much change and uncertainty, we are so glad to be able to continue to bring you important information regarding Title IX and the future of institutional practices on campuses and beyond! Our guest today is Megan Farrell, Title IX Coordinator for Palo Alto Unified School District, and advisor and consultant to educational and institutional clients with a focus on Title IX com...

The complexity of Title IX issues is only compounded by the different parties that are found on university campuses and the regulations for them. Our guest today is Elizabeth Conklin, the Title IX and ADA Coordinator at the University of Connecticut. She has a large amount of experience in the field, and she is here to share her thoughts on the intersection of students, faculty and staff, the over...

The country (and the world) is facing an unprecedented crisis with the COVID-19 pandemic, and Title IX coordinators face a particular set of challenges during this time. Betsy Smith, a Senior Investigator, and Consultant at Institutional Compliance Solutions joins us today to talk about ways to remain Title IX compliant as campuses move to distance learning. In this short, informational episode, w...

This episode continues Courtney's deep dive with Jody Shipper into the complexities that typically arise concerning Title IX, Clery, and VAWA investigations in colleges and universities. Jody is a nationally recognized subject matter expert with more than 20 years' experience in policies aimed at addressing sexual misconduct on campuses; it has been a privilege to hear her thoughts in this extende...

Title IX and Clery procedures are complex and ambiguous for all parties involved, but the importance of maintaining an institutional culture that upholds these laws cannot be overstated. Following Clery legislation should not stop at mere compliance either. In this episode, Courtney talks with Jody Shipper, a nationally recognized subject-matter expert in Title IX and related fields, about her app...

Courtney talks with Doug Fierberg whose legal team at the Fierberg National Law Group focuses on and is dedicated to representing families, survivors and others in lawsuits and other legal proceedings nationwide involving fraternity hazing, sexual assault, Title IX violations, gun violence, serious personal injury, wrongful death and other misconduct in schools. Most notably in recent Title IX lit...

In this episode, Courtney continues her conversation with Stephanie Lott, Title IX Coordinator at Arkansas State University. The full discussion with Stephanie covers campus accessibility, pronoun use, and her journey in Title IX with regard to LGTBQI+ and kink culture. In this second part of our discussion, Stephanie gets into some of the challenges investigators, witnesses, complainants, and res...

Deconstructing our biases around niched behaviors and sexualities has been important for a long time now, and this urgency is no less great in the context of Title IX law and investigations. This is the first of a two-part episode where I talk to Stephanie Lott, Title IX Coordinator at Arkansas State University. Our conversation focusses on understanding kink and LGBTQI+ culture, and how investiga...

In this episode, Courtney has a conversation with Betsy Smith, a senior investigator, and consultant at Institutional Compliance Solutions. Betsy brings another unique perspective to their team, having previously served as a district attorney and deputy Title IX coordinator for the University of Tennessee. Betsy shares about tracking trends and data to prevent incidents of sexual misconduct; how h...

Tragically, Harrison Kowiak passed away as a freshman in college in a hazing incident. His mother, Lianne, has become an advocate sharing Harrison's story across the country to hopefully prevent another family from experiencing the same heartbreak. A moving conversation, Lianne shares not only Harrison's life but the moments when they were with him as a family when he passed away – something no fa...

Michelle, ADA expert and director of the Disability Resource Center at UTC, sits down with Courtney to discuss the ADA and ways that accommodations may present themselves in Title IX matters. Michelle shares how she came to be an expert in the field, how she built a robust DRC at her institution, and the ways her office works with the Title IX process on campus. Her approach is so crucial at a tim...

In this first episode, Courtney covers the purpose of The Law and Higher Ed Podcast, what you can expect from each episode, a primer on the law related to Title IX compliance and a little about her own background, including fun facts! Website:  www.icslawyer.com   Email:  chb@icslawyer.com

In this episode, Courtney provides an overview of the split between the 1st and 6th Circuit on whether due process in a sexual misconduct matter requires a live hearing and an ability for cross-examination in Doe v. Baum and Haidak v. U. Mass- Amherst .  She also discusses the March 2019 USC ruling regarding what constitutes a "fair hearing" and its implications for private institutions.  So much...

In this episode, Courtney talks with Jill Creighton, Dean of Students & Associate Vice President for Campus Life at Washington State University, about Title IX and Clery compliance abroad.   Jill shares her experience navigating Title IX and Clery requirements when she led student conduct efforts at 14 global locations across six continents for New York University.   Jill also explains the importa...

In this episode Courtney talks with Dr. Laura McGuire, sexologist, trauma-informed specialist, consent educator, and inclusion consultant.  They talk about a controversial topic head-on – trauma-informed practices in Title IX cases – starting with the basics of what being trauma-informed means and ending with whether it is appropriate in campus cases involving sexual misconduct.  Laura explains wh...

Courtney sits down with Sarah Brown, Senior Editor at the Chronicle, to discuss the complex landscape of higher education and what is grabbing her attention right now.  They discuss the evolution of Title IX since 2011 from her perspective as a college student at the time, the challenges she faces in covering Title IX matters, Sarah's article about the concept of "passing the harasser", the hot le...

In this episode, Courtney talks with her dad, Bill Nuttall, who is the Chairman for the Board of Trustees at his institution.  They discuss educating your board of trustees from the perspective of a board member who served at a time that his institution faced a Title IX matter, as well as the broader concept of the role of a board member and a board on college campuses. Their conversation then tur...

In Episode 10, Courtney shares the Top 10 mistakes she sees campuses make in their Title IX compliance efforts.  Be sure to tune in to this informational episode if you are a Title IX Coordinator or Title IX investigator in order to be thinking critically about your campus process as you look to enter the new academic year.