Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

[Brett Sokolow <>]

Legally, Title IX can in theory hold an institution liable for a failure to remedy, but usually that would be for an abject failure.  It does not, so far, create liability for insufficient or theoretically ineffective sanctions (for example, in the case mentioned, we won't know whether readmission is a failure until he re-offends).  Two cases that attempted to create such liability, Hobbs v. Gonzaga and Jane Doe v. the University of the Pacific both failed to do so.  The facts were not strong enough.  A useless slap on the wrist for serious misconduct will create the case to test the theory in the courts, but it has not so far.  

Regards,
Brett A. Sokolow
Brett A. Sokolow, Esq.
Attorney-at-Law

Chair, The NCHERM Group (www.thenchermgroup.org)

Managing Partner, The National Center for Higher Education Risk Management (www.ncherm.org)

Executive Director, The National Behavioral Intervention Team Association (www.nabita.org)

Executive Director, The Association of Title IX Administrators (www.atixa.org)

20 Callery Way 
Malvern, PA 19355-2969
Tel. (610) 993-0229 
Fax (610) 993-0228


"Best Practices for Campus Health and Safety"
NCHERM serves as legal counsel/advisor to 30 campuses

 

From: Angela DiNunzio Seguin <>
Date: Wednesday, October 31, 2012 3:04 PM
To: Michelle Spradling <>, Liz Howley <>
Cc: "" <>
Subject: Re: Offender Re-entry

Michelle's answer prompted me to suggest to the Director of our Office of Student Conduct that we pose this same question to our University attorneys.  I would be very interested to hear what responses others get about a possible Title IX violation.

Angela DiNunzio Seguin
Project Director, UD-DSU VAWA Grant
Coordinator, Sexual Offense Support
Student Wellness & Health Promotion
University of Delaware
(302) 831-3457
http://www.udel.edu/studentwellness

---- Original message ----

Date: Wed, 31 Oct 2012 08:48:46 -0600
From: Michelle Spradling <>
Subject: Re: Offender Re-entry
To: Liz Howley <>
Cc: "" <>

I'd talk to some attorneys about the potential for lawsuits from Title IX violations. I can recommend someone that I work with but I think there are many on this list. 

On Wednesday, October 31, 2012, Liz Howley wrote:

Hi Colleagues,

I'm wondering what your institutions have in place for students who are returning after having been found responsible for sexual assault and were sanctioned with suspension? Although it's rare, we do have students who choose to return after their year or so of suspension and I'm interested to see what programs exist or thoughts and ideas you have for potential programs? Additionally, what do you have in place for a student whose behavior warrants a sanction, but the council hasn't recommended suspension? 

Thanks for your feedback.

Liz

--

Elizabeth Gallon Howley, MS, CHES
Assistant Director

University Health Center's Student Wellness & Outreach

James Madison University

Montpelier Hall, Room 506

MSC 7901

540.568.6251

--
Michelle Spradling
Sexual Assault Interagency Council
Project Director
P.O. Box 18951
Denver, CO 80218
720-913-9284

www.denversaic.org