ATIXA Newsletter
March 14, 2019
Join us in Minneapolis for Title IX Compliance and Athletics Training & Certification!

Are you a Title IX Coordinator with limited to no athletics experience or an Athletic Director with limited Title IX experience? Do you understand the compliance aspects of funding, travel, per diems, training table, access, marketing, and how to count your opportunities? Do you know how to spot and address the culture and climate issues of your athletics department? This all-day session will touch on issues of sexual harassment, sexual misconduct, and culture in athletics, and will also do a deeper dive into Program Equity compliance.
It will examine how to comply with Title IX in program equity, as well as how and why the culture and climate specific to athletics can affect sexual misconduct.  Attendees will leave with a better understanding of not only why the issues exist, but how to spot red flags and address them. The presenter will draw from the courts, the news, and from experience working with athletics departments of all types across the country. Learn more   here

Faculty :  W. Scott Lewis, J.D.
Dates : Monday, June 3rd, 2019

Register today by clicking  here.  

Contact our Team
For additional questions or information, contact our team at .

Sign Up Today! 

Proposed Regulations: Steps to be Taking Now Webinar on March 19th at 4:00pm EST

Complimentary for Super and Premium Level Members
Please check your landing pages to obtain the code to register online free of charge
$249 for all other ATIXA Members
$349 for non-ATIXA Members

Click here for details. Register Now.

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?
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.
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.
Tip of the Week

SANE Kits and Health Records as Evidence
By Brett A. Sokolow, J.D., President, ATIXA 

Our institution is trying to understand what to do with SANE (Sexual Assault Nurse Examiner) kits (also known as rape kits) and/or health records as evidence in Title IX case files. In New York State, SANE kits can be released to police solely for the purposes of a student conduct process. We have campus police who have begun releasing these kits to us as evidence. In addition, we are seeing more students bring general health records as evidence for things like STD testing after the report of an assault has occurred.

Click here to read more.
Sign Up Today! 

Recent Due Process Rulings by the California Courts: What Do California Colleges and Universities Need to Know and Do? 
April 1st, 2019 from 2:00pm - 3:15pm PST

Complimentary for Super and Premium Level Members
Please check your landing pages to obtain the code to register online free of charge
$199 for all other ATIXA Members - Register Now
$299 for non-ATIXA Members - Register Now

The state courts of California are sending a set of very clear messages about due process. Seven recent rulings. Seven losses for colleges and universities. Who is helping put a stop to this litigation madness?

The writ of administrative mandate? Have you heard of it? The lawyers suing California public and private colleges have, and they've leveraged a string of seven lawsuits by John Doe (he is of the infamous Does, the most litigious family in America) to hold CA colleges liable for due process failures, in sexual misconduct proceedings. The single investigator model can't meet the requirements of the APA in California. Moreover, even formal hearing systems are being shot down by the courts. Cross-examination is now an expectation. You need to update your process before the next lawsuit does it for you.

In this 75-minute webinar hosted by Title IX expert and LA resident  Brett A. Sokolow, J.D. , Brett shares a review of the key cases that are currently reshaping due process for public and private colleges and universities in California. The webinar then focuses on the practical changes that are required, and how to evolve your resolution processes without fundamentally upending the structures you have already built. Key questions will be addressed, including:
  • Why the single investigator model is no longer viable
  • How to ensure the independence of the roles of those involved in the resolution process
  • How to assure impartiality, structurally
  • What role should investigators play? Fact-gatherer? Fact-finder, or something in between?
  • How should live interviews be managed at different phases of the process?
  • What role, if any, should investigators have in helping to assess credibility?
  • How do the CA courts differ from the requirements being handed down in the 6thCircuit and those proposed by OCR?
  • How do we meet the expectations of the appeals courts in CA without turning our processes into adversarial mini-courts?
  • How do we manage cross-examination with civility?
  • What hearing formats are available to us, and how should we staff the decision-making role?
These ten pressing questions will be discussed, along with a live Q&A session with webinar participants. All live webinar attendees will receive the recording following the event and a recording of the webinar will be available for purchase for those unable to attend live.
Resource Spotlight

ATIXA Investigations Referral Network 

ATIXA has identified and carefully vetted a network of experienced independ ent investigation firms as a resource for those seeking to outsource their Title IX and other civil rights investigation needs.

ATIXA screens participating firms to ensure that each investigator has completed ATIXA investigations certification training, is licensed appropriately, and is experienced and qualified to perform competent and professional Title IX investigations. As a result, ATIXA recommends and endorses the services of these firms.

The ATIXA Member Relations Team is available to answer questions and provide more information on participating investigations firms, logistics, budgeting, etc. To qualify your firm or investigators in the ATIXA Investigator Referral Network, contact Kate Halligan at 610-579-3725 or . To view more information, please click here .
Announcing  Campuses and the CourtsA Spring 2019 Webinar Series from TNG

For years, you've had the chance to attend Case Law Update sessions from TNG at conferences around the country. Now, to reach a wider audience, we're bringing the case law update to you, in the form of a  webinar series.

We will kick off the webinar series on April 18th, with a two-hour overview of the top cases from the previous 12 months. We'll focus on the leading decisions affecting student conduct, due process, Title IX, ADA/504, behavioral intervention, and free speech. This webinar will be presented by the four TNG partners,  W. Scott Lewis, J.D.Saundra K. Schuster, J.D.Brett A. Sokolow, J.D., and  Daniel C. Swinton, J.D., Ed.D. 

Following on the introductory webinar, TNG will host a series of four, hour-long webinars approximately every two weeks that take a deeper dive into the cases than we could cover in the initial two-hour webinar. These webinars will be topical. Times, dates, topics, and presenters for each of the four are listed below:
Recordings will be made available for purchase following each date for those unable to join the live events. Click  here to register.
Member Library New Resources

Sign in to view  the list  of new resources available in the ATIXA Member Resource Library this week. 
Training Opportunities Near You

ATIXA Civil Rights Investigator Training & Certification Course Level One 
ATIXA Civil Rights Investigator Training & Certification Course Level Two 
ATIXA Sexual Harassment Case Processing & Resolution: Civil Rights Investigator Training & Certification Course Level Three
ATIXA Title IX Due Process: Civil Rights Investigator Training Course Level Four
PreK-12 Title IX Administrator Training & Certification Course
Title IX Compliance & Athletics Training & Certification Course
Title IX Hearing Officer 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 .

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

New this Week
Submit your open position to ATIXA, free of charge. Please send all relevant information, including a link to the job post, to
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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 .
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