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Sara Leon & Associates, LLC
Sara Leon & Associates, LLC
SEXUAL HARASSMENT COMPLAINTS UNDER THE NEW TITLE IX REGULATIONS:
A SPECIALIZED THREE-PART LIVE, INTERACTIVE TRAINING ON HOW TO REPORT, RESPOND AND INVESTIGATE
Under the new Title IX regulations, which go into effect on August 14, 2020, the responsibilities of the Title IX Coordinator will be expanded and all employees will need to know how to identify and report sexual harassment. There will be a new required formal complaint and investigation process.
This three-part webinar is designed for specialized audiences to help you implement the new regulations successfully.
Part I 9:00 a.m. to 9:45 a.m.
Training for all District staff and administrators
A basic training on how to identify sexual harassment as now defined under the new regulations and how to report sexual harassment. The new regulations now include dating violence and stalking in the definition of sexual harassment. This session will address how to identify these elements, along with previously defined types of sexual harassment. (Note: your district will receive a copy of the recording of this session, which can be used as a training module for future employee training.)
Part II 9:45 a.m. to 10:45 a.m.
Specialized Training for Title IX Coordinators, Facilitators and Decisions Makers
A more thorough training on the new Title IX regulations focusing on the expanded role of the Title IX Coordinator, new burden of proof requirements, the formal complaint process, voluntary resolution, and the role of facilitators. The required investigative process and separate role of decisionmakers will also be covered. These components are particularly important in helping districts avoid liability for deficiencies in investigation and procedure.
Part III 10:45 a.m. to 12:00 noon
Specialized Training for Investigators
An in-depth training detailing how to conduct an investigation into sexual harassment under the new regulations and the new requirement to make a written determination as to responsibility. The faculty will review the new procedural requirements for investigations into formal complaints, including what the selected burden of proof means, the opportunity for parties or their representatives to present fact and expert witnesses and evidence, the written notice requirements for investigative interviews, evidence sharing requirements, and the opportunity for each party to submit written questions to the other party.
John Janssen has practiced law for 25 years, including five years as general counsel and Title IX Coordinator for a Texas public school district. He has investigated numerous reports of discrimination of harassment of students and employees and has represented public school districts in complaints filed with the U.S. Department of Education’s Office for Civil Rights, U.S. Department of Justice Civil Rights Division, and the U.S. Equal Employment Opportunity Commission. A former member of the State Bar’s Administration of the Rules of Evidence Committee, John is a litigator with years of experience investigating issues and handling a wide variety of disputes in the courtroom, mediation, and arbitration. John earned his law degree at The University of Texas School of Law and is a member of the Texas Council of School Attorneys.
Michelle Alcala has practiced law over 16 years, is an experienced litigator, and is Certified in Labor and Employment Law by the Texas Board of Legal Specialization. She is experienced in representing clients before the U.S. Equal Employment Opportunity Commission and in conducting workplace investigations into issues of harassment and discrimination. Michelle has handled a variety of education law issues, including grievances, internal investigations, administrative proceedings and courtroom litigation. She regularly provides trainings on a variety of education law topics, including school investigations and reporting educator misconduct. Michelle earned her law degree at Harvard Law School and is a member of the Texas Council of School Attorneys.
Michael Roseberry is an education lawyer with more than a decade of experience working with discrimination, disability and education issues, including experience as a Director of ADA Compliance at The University of Colorado Boulder. He routinely advises school administrators on issues relating to the Individuals with Disabilities in Education Act, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and Title VII of the Civil Rights Act. Michael earned his law degree from The University of Colorado School of Law and is a member of the Texas Council of School Attorneys.
Registration Fee: $400 per school district for the entire package of trainings, which includes a recording of the entire program and forms relating to complaints and investigations, with license to these items at your campuses throughout the 2020-2021 school year.
For more information or to register contact: SLATraining@saraleonlaw.com
Eichelbaum Wardell Hansen Powell & Muñoz, P.C.
July 28 & 30, 2020
The Office of Civil Rights has published new regulations that take effect August 14. You will need new policies, new employee and student handbook language, and new positions! Under these new regulations:
- The Title IX Coordinator becomes an overseer of the process. These trainings will train the Title IX coordinator in: understanding the overall process and how to coordinate the multiple new functions, determining appropriate ranges for support and remedies and disciplinary sanctions; how to provide sufficient and proper notice under the new guidelines; understanding the role of voluntary resolution; carrying out remedies pursuant to written decisions.
- Investigators now have to be trained in: impartial investigations; when to dismiss a complaint; the standards of evidence; how to equitably and meaningfully include the complainant and respondent in the process including inculpatory and exculpatory evidence; how to write a decision; the role of expert witnesses; legal privileges; the role of advisors; statutory timelines; handling a hearing; writing your recommendation.
- Decision-makers now have to be trained in: objectivity and independent analysis; impartiality and how to decide what evidence is relevant; weighing evidence based upon different standards of evidence; drafting written decisions consistent with statutory mandates; determining appropriate disciplinary standards and providing appeal rights.
- Facilitators are new to the process and must be trained in: Independent and unbiased facilitating the process for voluntary resolution; best practice methods for reaching compromise and voluntary resolution.
- Advisors are also new to the process. Advisors are employees (or lawyers) hired by the District and provided free of charge to the complainant or respondent to assist them in reviewing evidence and presenting their evidence, witnesses, and responding to the same. They need to be trained in evidence, examining witnesses, preparing witnesses, and the art of cross examination and their role as advocate for the complainant or respondent.
- Overview and Forms | 7/28/20 | 9:00 am-11:00 am
- Investigators and Decision-Makers | 7/30/20 | 9:00 am-11:00 am
- Facilitators and Advisors | 7/30/20 | 2:00 pm-4:00 pm
These sessions will be presented by Dennis Eichelbaum and Holly Wardell.
Participants in all three trainings will be provided with Forms, Policies, and Handbook language. Each participant will also receive materials from their training to use during the year and to comply with the new federal regulations that require that schools posted on their district’s website and make them available for public inspection upon request the materials used to train their personnel in Title IX.
$750 per district for entire series or $300 per session
The 2020-21 updated version contains language specific to virtual and distance learning, including with respect to the classroom and other district activities; discusses district protocol for addressing students exposed to, showing symptoms of, and diagnosed with COVID-19: provides additional provisions to address student misbehavior on remote learning platforms; and addresses discipline issues arising during school closure.
Visit our website for more information.
On May 18, TEA provided guidance for in-school instruction beginning June 1. As part of the guidance, TEA states that “School teachers and staff will need to be trained specifically on the protocols outlined…”
This 30-minute recorded webinar provides that training online, and it can be viewed on demand for all faculty and staff that will be reporting on campus.