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FW: Joint Guidance on Title IX Regulations and Resources for Investigations at a Distance


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  • From: "Brady, Elizabeth" <>
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  • Subject: FW: Joint Guidance on Title IX Regulations and Resources for Investigations at a Distance
  • Date: Thu, 2 Apr 2020 23:54:08 +0000
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SCI Webinar Charting The Uncharted Part II Follow-Up

SUNY Guidance and Training Opportunities

 

Dear Colleagues,

 

BIG ANNOUNCEMENT: Four-dozen attorneys from two-dozen leading law firms and institutions will team to create Joint Guidance on Federal Title IX Regulations and will make this guidance available absolutely free.

 

We know that the Department of Education is in the final stages before issuing its Regulations and, when it does, that a number of companies will seek to sell you expensive guidance and explanations claiming “special insider knowledge” or offering some type of “certification.” In the Joint Guidance, leading higher ed attorneys are working together, pro bono, to provide the highest quality guidance at absolutely no cost, so you can apply funds to other campus needs.

Note, we will also live Tweet guidance and info @SUNYSCI

 

More details at the bottom of this e-mail.

 

Charting the Uncharted

We were so glad to have nearly 1,500 and nearly 1,300 registrants for Parts I and II of our rapid response webinar, Charting the Uncharted. Registrants hailed from 47 states and territories and 5 Canadian provinces. Because of the Webex outage, we recorded Part II and it is available on our websiteWe have collected a number of resources on our SCItations blog that are, of course, free and open source. Still have questions? Feel free to submit them via this form and we will answer (anonymously) and publishbit.ly/SCICoronaQuestion.

 

 

Assistant Director Position Search

 

With the rapid growth of the SCI, our team at SUNY is growing again and we are searching for an Assistant Director with practical experience in direct student contact in the areas of Student Conduct, TIX, Behavioral Assessment, CARE or other relevant campus positions. Please note this position is approved and funded and search will occur even as we are socially distanced. Please feel free to share the link.

 

Charting the Uncharted: Resources Referenced

 

·    SUNY SCI Coronavirus Conduct Process SAMPLE ONE PARTY WAIVER and SAMPLE TWO PARTY WAIVER (both of which are available for institutions to use, in whole or in part, as is or modified, pursuant to a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license at absolutely no cost, provided that they are used for non-commercial purposes).

·    SUNY SCI Tech Guide (pdf)

 

·    State and Local Quarantine Laws: bit.ly/quarlaw  

·    SCI Report on Dixon v. Alabama: bit.ly/dixonat60 

·    SCI Report on the duty of care and the "special relationship": bit.ly/specialrelationship 

·    SCI Report on Nonconsensual Pornography: bit.ly/NPmemoSCI 

·    SCI Report on Bias-Related Response Teams: bit.ly/biasrelated  

·    SEVP March 9, 2020 Coronavirus Broadcast: https://www.ice.gov/doclib/sevis/pdf/bcm2003-01.pdf 

·    The Department of Education issued a webinar and fact sheet specific to students with disabilities: https://www.ed.gov/news/press-releases/us-department-education-releases-webinar-fact-sheet-protecting-students-civil-rights-during-covid-19-response 

·    The Department of Education’s March 5, 2020 Electronic Announcement on Title IV: https://ifap.ed.gov/electronic-announcements/030520Guidance4interruptionsrelated2CoronavirusCOVID19 

·    The Department of Education’s March 20, 2020 Guidance on FERPA and Virtual Learning: https://studentprivacy.ed.gov/resources/ferpa-and-virtual-learning  

·    The Department of Education’s Office for Civil Rights Revised Sexual Harassment Guidance, January 2001: https://www2.ed.gov/about/offices/list/ocr/docs/shguide.html 

·    The Department of Educations’ Office for Civil Rights Dear Colleague Letter on the First Amendment, July 2003: https://www2.ed.gov/about/offices/list/ocr/firstamend.html 

·    The Department of Education’s Office for Civil Rights Dear Colleague Letter on Bullying and Harassment, October 2010: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html 

·    SUNY Sexual Assault & Violence Response (SAVR) Resources: https://www.suny.edu/violence-response/ 

·    SUNY SAVR Immigration & Visa Information Resources:  https://www.suny.edu/violence-response/Visa-and-Immigration-Resource/ 

·    Landing page for Joint Guidance on Federal Title IX Resources: https://system.suny.edu/sci/tix2020/ 

·    Sexual & Interpersonal Violence Prevention & Resource Course (SPARC): https://system.suny.edu/sexual-violence-prevention-workgroup/online-training/ 

·    Barnard College COVID Guidance Pages: alert.barnard.edu 

 

National Victims’ Services Resources

 

National Domestic Violence Hotline            

1-800-799-SAFE (7233) 

1-800-787-3224 (TDD) 

Staffed 24 hours a day by trained counselors who can provide crisis assistance and  information about shelters, legal advocacy, health care centers, and counseling. 

Text: Text LOVEIS to 22522 

Chat: thehotline.org  

 

National Sexual Assault Hotline 

1-800-656-HOPE (4673) 

 

Department of Defense Safe Helpline (Service Members) 

877-995-5247  

202-540-5962 (For those unable to call toll-free or DSN) 

 

Support Group Chatroom:  SafeHelpRoom.org  

Safe HelpRoom is a group chat service that allows survivors of sexual assault in the   military to connect with, and support one another in a moderated and secure online environment. Safe HelpRoom discussions have a moderator who can provide referrals and help keep the conversation focused on survivors' needs as well as a reviewer who ensures all participants adhere to the Ground Rules. 

 

 

Additional Resources

 

Cases we Referenced on the webinars: 

·    Doe v. Baum, 903 F.3d 575, 583 (6th Cir. 2018) 

·    Doe v. Univ. of Cincinnati, 872 F.3d 393, 406 (6th Cir. 2017) 

·    Doe v. Allee, 30 Cal. App. 5th 1036, 1066 (Cal. Ct. App. 2019) 

·    Doe v. Westmont Coll., 34 Cal. App. 5th 622, 635 (Cal. Ct. App. 2019), reh'g denied (May 17, 2019)  

·    Dixon v. Alabama, 294 F.2d 150 (5th Cir 1961) 

·    Regents of Univ. of California v. Superior Court, 413 P.3d 656 (Cal. 2018). 

·    Nguyen v. Massachusetts Inst. of Tech., 479 Mass. 436, 453 (2018) 

·    Munn v. Hotchkiss Sch., 326 Conn. 540 (Conn. 2017) 

·    Feminist Majority Foundation v. Hurley, 911 F.3d 674 (4th Cir. 2018) 

 

Two higher ed law firms published useful articles about investigations during this time. We are sharing them here with the permission of the authors: 

·    Steven M. Richard (Nixon Peabody), Addressing Title IX obligations, due process, and student reasonable expectations in the face of the COVID-19 pandemic (Mar. 17, 2020). 

·    Sarah A. Luck (Bond Schoeneck & King), Campus Closed, Case Closed? Not So Fast (Mar. 19, 2020). 

 

SCI Casebook

 

Some folks asked about the Casebook referenced on the webinar. Here is a brief video we prepared for our members that briefly describes the Casebook and what it does.

 

 

Questions

 

If you still have a question, submit it through this form. We will endeavor to answer as many questions as we can and will put them up on our SCItations Blog (please be patient as we work through the questions).

 

 

Learn More About SCI

 

If you are interested in learning more about the SUNY Student Conduct Institute, this document describes the training and resource program. Don’t hesitate to e-mail us at  to get more information on membership or to set up a call or Zoom with one of us to discuss the program.

 

 

 

You can also follow @SUNYSCI on twitter for breaking updates.

 

 

Joint Guidance on the Title IX Regulations

 

 

Even as we work through the challenges posed by the novel coronavirus, we are also awaiting the issuance of Title IX regulations. This may lead to significant changes in the investigation and adjudication of certain college cases. We are aware of the level of anxiety on our campuses posed by the uncertainty around the regulations, and to help with that, the SUNY Student Conduct Institute is proud to partner with 45+ attorneys from 20+ law firms and institutions on a Joint Guidance on Federal Title IX Regulations. 

 

 

 

In the Joint Guidance, we will review each provision and provide analysis and initial guidance regarding implementation and challenges that may arise. The Joint Guidance is intended to be thoughtful, high-quality, and widely available to institutions large and small, public and private, urban and rural, well-resourced, and budget challenged. Crucially, there will be no charge to access the Joint Guidance or any of its components and it will be continuously updated as additional resources come online. While hosted and coordinated by SUNY, this is a project of equal partners dedicated to collegially helping colleagues in higher education.

 

Culture of Respect @ NASPA & SUNY Webinar

 

SUNY has been proud to partner with Culture of Respect/NASPA for many years. We are now pleased to jointly offer a free webinar on April 27, 2020 from 3:00 – 4:00 EST

Accessible and Low-Cost Resources for Institutions During COVID-19 and Beyond: Hosted by Culture of Respect at NASPA & SUNY

 

 

Thanks again to all for your work and commitment in this difficult time.

 

 

 

 



  • FW: Joint Guidance on Title IX Regulations and Resources for Investigations at a Distance, Brady, Elizabeth, 04/02/2020

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