ATIXA Newsletter
October 18, 2018
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In ATIXA's quarterly newsletter, we include ATIXA-developed content, share resou rces,  spotlight association news, and share our upcoming events. In addition, ATIXA brings you  information relevant to the field of education and Title IX, with article updates and announcements directing you to relevant content. 
 
If you like the newsletter, we hope you will  join ATIXA so that you can receive the weekly version of this great resource.
ATIXA Releases Position Statement on  Cross-Examining the Urge to Transform College Conduct Proceedings Into Courtrooms  

Since the early 1960s, American courts have wisely and successfully resisted the urge to transform college and school conduct proceedings into mini criminal courtrooms. While mandating basic due process elements, courts have not considered formal due process protections such as cross-examination a necessity. Until now. 

Starting in 2017, some courts have become more interventionist with respect to cases involving campus conduct proceedings, especially sexual misconduct resolutions conducted pursuant to Title IX. Since then, the Sixth Circuit, state courts in California, and federal courts in Pennsylvania have continued to expand the due process required by public universities and have started to mandate some form of cross-examination as part of campus conduct proceedings. 

ATIXA issues this  position statement to encourage these courts to reassess their due process demands, and to similarly encourage other courts to avoid sliding down a slippery slope that will turn college hearings into quasi-criminal courts. Requiring direct, live cross-examination is antithetical to the administrative and educational nature of college disciplinary proceedings. It is also unnecessary and of unknown efficacy. While the Sixth Circuit has referenced the Wigmore quote that "cross-examination is beyond any doubt the greatest legal engine ever invented for the discovery of truth," Wigmore made this pronouncement in reference to the 6th Amendment right to confrontation in criminal proceedings, not in the context of campus disciplinary proceedings. 
ATIXA Also Releases Position Statement on  Equitable Appeals Best Practices

In light of the Office for Civil Rights' 2017 interim guidance document and the leaked draft Title IX regulations, ATIXA issues this  position statement supporting equitable appeal rights for the parties to campus and school sexual misconduct resolutions and other allegations of discrimination. 

Despite indications that OCR will propose regulations that permit inequitable appeals, ATIXA believes that equitable appeals are both an industry standard and best practice that should be preserved by schools and colleges, irrespective of the floor set by OCR. 

This  position statement differentiates between equity of appeal opportunity and equity of appeal participation; ATIXA supports equity of both. Language proposed at this point suggests that OCR will permit recipients to deny equity of appeal opportunity, meaning that only the responding party will have the ability to appeal an adverse finding, and a reporting party will not. Whether a reporting party will have the equitable right to participate in that appeal once an appeal is requested by the responding party is unclear from current OCR publications. 
Register Now for ATIXA's January 2019 Title IX Training in Orlando

Register today for  ATIXA's 2019 Title IX Training & Certification Courses  in Or lando, Florida, January 21st through January 25th at the  Hilton Orlando Lake Buena Vista - Disney Springs. Visit our website  for full event details!

Training Course Schedule
 
Monday, January 21st, 2019
  • 504 Coordinator Training & Certification
Tuesday, January 22nd - Friday, January 25th, 2019
  • Title IX Coordinator and Administrator Training & Certification Level One Course
Tuesday, January 22nd & Wednesday, January 23rd, 2019
  • Title IX Coordinator and Administrator Training & Certification Level Two Course - Structures, Pressures, Politics, Sanctions, Minors & MOUs
  • Civil Rights Investigator Training & Certification Level One Course 
Thursday, January 24th & Friday, January 25th, 2019
  • Title IX Coordinator and Administrator Training & Certification Level Three Course - Compliance
  • Civil Rights Investigator Training & Certification Level Two Course
  • Civil Rights Investigator Training & Certification Level Four Course - Due Process
Tip of the Week

Recognizing Sexual Violence as a Problem is a Pivotal First Step in Enacting Meaningful Change
By Chloe Grace Hart, Graduate Student, Stanford University

This week's Tip summarizes the theory behind and the findings of an ATIXA research award sponsored project conducted by Chloe Grace Hart of Stanford University.

Click here to read more. 
Summary of   Just Released  ATIXA Member Survey Results

The results of the 2018 Member Survey are now complete. We thank the 500 plus members of AT IXA that participated. Please find a four-page  synopsis for you to use and share. We think it will be very helpful on a number of fronts, including budgeting proposals ,  Title IX   team reporting structure ,  and department location on campus.
 
Last   week, ATIXA's Vice President, Daniel Swinton, and Executive Director, Ryan McDavis, presented a concurrent session at the Annual Conference to discuss the full results and their implications. The synopsis is intended as a public document, but the full results will remain a member-only benefit.
 
We intend the survey to be a recurring member benefit and look forward to your input on future survey questions you would like to see asked. 
ATIXA Announces New Incentives for Becoming a Member!

Purchase a New ATIXA Individual, Institutional, or Super Membership by December 31st and receive:
  • Access to any 3 of the 13 ATIXA 20 Minutes to...Trained Videos
  • A complimentary 25-point sexual misconduct policy review
As a reminder, ATIXA Individual Members receive the following inclusions:
  • Access to the best source materials and training on Title IX
  • Access to multiple Communities of Practice, including Investigator, Advocate and Prevention, K-12, ADA/504, and Student
  • Title IX Legal Updates
  • An active and pertinent professional listserv
  • The ability to access individual Community of Practice listservs
  • Weekly newsletters
  • The ATIXA VAWA Brochure Template
  • ATIXA Tip of the Week
  • Access to all versions of the ATIXA One Policy, One Process Model
  • 15% member discounts on many ATIXA events, products, and services
  • 15% member discounts on ATIXA Protocols and Resources
  • The ATIXA Blog
  • Access to the OCR Investigation Finding Letter Database
  • Access to Partner and Sponsor organization resources and discounts
  • Access to the most comprehensive online Title IX library available
  • Membership roster access
ATIXA Institutional Members receive the above inclusions, plus an unlimited number of members and access to 4 of the 13 ATIXA  20 Minutes to...Trained.
 
As a reminder, ATIXA Super Members have access to products and services valued at over $10,000 if purchased on an "a la carte" basis, for one low annual fee, and will have access to special events, bonus content, and enhanced direct access to the ATIXA "brain trust" of the nation's foremost Title IX experts. ATIXA Super Members get all Full Institutional Membership Inclusions, along with the following additional benefits:
For any additional information and/or to discuss this promotional offer in detail, 
contact Ryan McDavis, Executive Director , at (610) 993-0229, ext. 1009.
Member Library New Resources

Sign in to view  the list  of new resources available in the ATIXA Member Resource Library this week. 
Introducing a New Final-Eyes Promotion!
 
The NCHERM Group announces new incentives toward subscribing to  Final-Eyes Off-Site Investigation Services ! You've been trained to investigate civil rights violations. You have experience investigating sexual misconduct complaints. You've been through every detail, twice. Yet, some cases still leave you feeling uneasy. Have you asked every question? Is there anything you're missing? 

This flat-fee, off-site support and review service is offered at two levels and priced based on your investigation report volume. Final-Eyes is the reassurance you need when there is zero margin for error on campus sexual misconduct cases. Have the confidence that one of the nation's foremost experts on Title IX has laid final eyes on your findings, sanctions, and/or remedies and thinks you are on the right track.

Final-Eyes Includes:
  • Initial investigation report review (Standard Level)
  • Phone/email consultation with the Coordinator/Investigators to roadmap an investigation from inception (Plus Level)
  • Consultation with the Coordinator on gatekeeping decisions (Plus Level)
  • Light support for Investigators during the investigation as needed (Plus Level)
  • Second-round review of revised reports (Plus Level)
Purchase Final-Eyes service by December 31st and receive the following promotional items:
  • Three additional complimentary report reviews

For any additional information and/or to discuss this promotional offer in detail, 
contact Ryan McDavis, Vice President for Client and Member Relations , at (610) 993-0229, ext. 1009.
Training Opportunities Near You

ATIXA Civil Rights Investigator Training & Certification Course Level One 
ATIXA Civil Rights Investigator Training & Certification Course Level Two 
ATIXA Civil Rights Investigator Training & Certification Course Level Three
ATIXA Civil Rights Investigator Training Course Level Four
ATIXA 504 Coordinator Training & Certification Course
PreK-12 Title IX Administrator Training & Certification Course
Should your campus/school/organization look to host an on-campus Training Event, ATIXA is currently collecting  Requests for Proposals  for campus host sites for the 2019 calendar year. 

For more information on our CCC Program , see our FAQs  or consult with our CCC Team .
More from ATIXA

Title IX Training Videos cover
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For a complete listing of products and services from ATIXA, view the 2017 Catalog .
Title IX Blog

An Interdisciplinary Resource For News, Legal Developments, Commentary, and Scholarship About Title IX
 
By Founders & Contributors Erin Buzuvis, Professor of Law, Western New England University & ATIXA Advisory Board Member and Kristine Newhall, Ph.D., Women's Studies
See all recent Blog Posts  here .
Jobs

Visit the ATIXA Job Board for a complete list of current employment opportunities. 

New this Week

Associate Consultant - The NCHERM Group, LLC
Title IX Investigator - West Virginia University
Director of Equal Opportunity - Eastern Washington University
UVA Health Promotion Specialist - University of Virginia
HR Analyst-Employee & Labor Relations - Santa Monica College
Title IX Deputy Coordinator - Trinity College
Sexual Misconduct Officer - Auburn University
Title IX Coordinator - University of Maine System

Submit your open position to ATIXA, free of charge. Please send all relevant information, including a link to the job post, to  info@atixa.org.
ATIXA | (610) 644-7858 | atixa@atixa.org | atixa.org
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