Clery & Title IX Drive-In Conference

Please join the Ohio Five, in conjunction with Kenyon College and Bricker & Eckler, for a drive-in Clery and Title IX training. Participants will have the opportunity to obtain their annual Clery Act training requirements, and participate in interactive sessions that will target advanced topics with the goal of debriefing and demystifying the new TItle IX regulations.

This training will be participatory for both in-person and virtual participants. Lunch will be provided for in-person participants.

This course has been submitted to the Supreme Court of Ohio Commission of Continuing Legal Education for 4.5 hours of CLE credit hours. Approval is pending.

Annual Clery Training

9:30 a.m.–12:00 p.m. (EST)

This highly interactive training will cover the annual requirements under the Clery Act. Topics of discussion include issues regarding sexual assault, domestic violence, dating violence and stalking as defined under the Clery Act and the new Title IX regulations. Additionally, this training will cover how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability as required under the Clery Act regulations.

Session 1: The Successes and Challenges of Informal Resolution

1:30–2:00 p.m. (EST)

This session will cover the best practices and challenges that the new regulations create with regard to informal resolution. We will discuss how to operationalize informal resolution on campus, suggested best practices with regard to informal resolution agreements, properly communicating procedural protections to participants and informal resolution, and some of the challenging issues that colleges and universities have encountered when engaging in informal resolution under the new regulations.

Session 2: Potential Impacts of the Department of Education's Notice of Interpretation and Dear Colleague Letter

2:00–2:30 p.m. (EST)

On June 16, 2021, The Department of Education issued a Notice of Interpretation, and, on June 23, 2021, a new Dear Colleague Letter. Both incorporate sexual orientation and gender identity into the definition of “on the basis of sex” under Title IX. This Notice of Interpretation has far reaching implications for supporting LGBTQIA+ individuals, potential impacts on college policies and the interaction between Title IX and discriminatory harassment policies, and may have implications with regard to athletics compliance. This session will review these potential issues and will create an environment for an open discussion on how to best address some of these challenges on your college campus for the next academic year.

Session 3: "I Feel Like I'm Outsourcing Everything!" Best Practices in the Use of External Investigators, Decision-Makers and Other "Outsiders" Involved in Your Policy

2:45–3:15 p.m. (EST)

This session will cover observations and best practices for engaging external consultants and attorneys in your Title IX process. We will discuss the benefits and challenges in using external individuals and tips for generating in-house capacity to handle various roles under your Title IX process. This includes, but is not limited to, dealing with confidentiality, FERPA, partnerships with other institutions and staff, and insurance concerns. Additionally, this session will cover the various ways in which you can manage the cost of outside counsel and investigators during the process.

Session 4: Process Potpourri

3:15–3:45 p.m. (EST)

This session will cover the questions and concerns about the intricacies of the new Title IX process, including:

• Mandatory and discretionary dismissal within a Title IX process, such as potential situations when Title IX coordinators may be obligated to dismiss a complaint or may have flexibility to review options within their process.
• Minimizing liability through transparency, including how confidence and communication during your grievance process can reduce litigation risk and enhance your defense. Participants will have the opportunity to engage in dialogue and share success stories on working with general counsel through difficult situations to avoid litigation.
• Lingering questions related to investigative and decision maker reports.