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

[Brett Sokolow <>]

Excellent points, Rob. I have always thought it was a missed opportunity that the SaVE Act mandated prevention without creating a place for it to live, such as a campus prevention task force or Director of Campus Prevention position. We tried hard to get the White House to go there, but mandating positions is apparently a sure way to get your bill killed (even now, there is no clear mandate for a Clery Act official on each campus), and the Title IX Coordinator position is not statute-based, either.  

Similarly, we have no federal guidance on dosage, frequency, attendance tracking, etc.  A floor is a good place to start, but I agree there is much to build upon. Both of the key White House appointees leading this charge have left their positions and those positions have not been refilled. The White House thinks new legislation will hit around the 2016 election, and is leaving it to the next president to staff up the positions that will influence the process.  However, that means no one is driving this ship now in the Executive Branch. And, the sponsoring Senators are busy grandstanding and making a mess of four different proposals that at some point will have to emerge as a cohesive bill. The White House was going to ask for $17m to fund prevention research, but that effort seems to have died with Lynn and Demetra’s departures. I think the value of new legislation will wax or wane based on the results of the 2016 election, to be frank, but I want to make sure that none of us sees this as a one-and-done process, and that there are three more building blocks (at least among ATIXA’s legislative priorities) still to be addressed:  mandating advocates, mandating and funding meaningful prevention structures and content, and expanding the 2011-2015 Title IX initiatives impacting higher education to K-12.  

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

President & CEO, The NCHERM Group LLC

Executive Director, The National Behavioral Intervention Team Association 

Executive Director, The Association of Title IX Administrators 

Publisher, Student Affairs eNews 

*PLEASE NOTE NEW MAILING ADDRESS*

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Tel. (610) 993-0229 
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The NCHERM Group, LLC serves as legal counsel/advisor to 75 campuses

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From: Rob Buelow <>
Date: Thursday, May 28, 2015 at 3:27 PM
To: Brett Sokolow <>
Cc: "Morey, Patricia L" <>, "" <>
Subject: Re: Title IX coordinator and investigator postings

I agree that progress is being made, Brett, and I think the elevation of the role of Title IX Coordinator amidst the legislation/activism-fueled momentum is a good thing in that it is opening up a more direct line of communication--and thus priority--with senior leaders on campus. That said, I also completely agree with Patricia that we will realize the greatest ROI when we invest more in (primary) prevention - Public Health 101. Wouldn't it be nice if we could put ourselves out of a job??

The challenge I struggle with is around Title IX Coordinators being responsible for prevention. If this role is largely being tasked with ensuring compliance with mandates (TIX, and sometimes beyond), there are a few issues I see:

1) While prevention is codified in federal law, the prevailing legislation (TIX, Clery, and now CASA) focuses overwhelmingly on "response" in terms of both quantity and quality of guidance - this likely contributes to a prioritization of "response-related" efforts.

2) The 100+ federal TIX investigations of campuses are due to possible violations of response-related responsibilities - this definitely contributes to a prioritization of "response-related" efforts.

3) The qualifications being sought for full-time TIX Coords (if campuses actually have a full-time position for this role) do not always/often make this person a suitable decision-maker for prevention-related efforts. We need public health experts at the helm of prevention efforts, and an appropriate number of them at that. I've heard many a tale of prevention professionals being undermined by or cut out of decision-making processes, or Title IX Coordinators being brought on or tapped as the de facto prevention person if that role does not exist. **This is not a hard-and-fast assertion as there are certainly exceptions, but it is a concern I've heard a lot.

4) Compliance is the floor - the bare minimum of what we have to do. There is so much more we can and should do around prevention that is not addressed in mandates and thus may not be an immediate priority or forte of TIX Coords.

Lastly, to piggy-back on Angela's note, the word of the day is "opportunity." We have an unprecedented opportunity right now to make breakthrough progress in addressing this issue from all fronts. It is our job as prevention professionals to make the case for prevention, and I think that requires us being savvy and speaking the language of senior leaders (retention, reputation, recruitment, compliance, costs, academic success, etc.), and building strong collaborative relationships with TIX officers and other key stakeholders across the academe.

All the best,

Rob

On Thu, May 28, 2015 at 3:43 PM, Brett Sokolow <> wrote:

Hi Patricia,

I am sorry to hear wherever campuses are cutting such vital programs, or that advocates and preventionists are suffering as Title IX positions benefit.  However, I think this is an issue of timing, rather than of long-term funding priorities. Many of us are working very hard to impact the legislative agenda so that the same priority being placed on Title IX is being placed on advocacy and prevention. By 2018, I expect an advocacy mandate from DC, and prevention has already been codified in federal law in a way that forces campuses to spend more. I see the majority are already doing so. The federal initiatives intentionally sought to ensure that advocates (in the form of advisors) had a right to be included in the resolution process, and to put wind in the sails of the prevention movement.  Title IX had to come first, and the Title IX positions have to address intake, advisors and prevention (training).  Now, a broadening of the mandates will occur, hopefully sweeping advocates and preventionists along as essential elements of comprehensive Title IX programs.  

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

President & CEO, The NCHERM Group LLC

Executive Director, The National Behavioral Intervention Team Association 

Executive Director, The Association of Title IX Administrators 

Publisher, Student Affairs eNews 

*PLEASE NOTE NEW MAILING ADDRESS*

1109 Lancaster Avenue

Berwyn, PA 19312

Tel. (610) 993-0229 
Fax (610) 993-0228

The NCHERM Group, LLC serves as legal counsel/advisor to 75 campuses

This e-mail message is from a law firm and may contain information that is privileged or confidential. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, do not read it. Please delete it from your system without copying it, and notify the sender by reply e-mail at  or by calling 610.993.0229, so that our address record can be corrected.

From: <Morey>, Patricia L <>
Date: Thursday, May 28, 2015 at 2:22 PM
To: "" <>
Subject: Title IX coordinator and investigator postings

Does anyone else out there ponder the long term impact of taking scarce dollars in higher education in our current economy and putting them towards all these newly created “Title IX” positions…rather than increase education/prevention programs and support/advocacy services? Don’t get me wrong, I firmly believe that our colleges/universities need to be accountable but it’s hard to remain positive when so many of our (already inadequately funded) programs and services face budget cuts!

 

Patricia L. Morey

Assistant Dean; Director

Women’s Resources Center

217.333.3137

http://www.go.illinois.edu/wrc

 

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