Michelle, ADA expert and director of the Disability Resource Center at UTC, sits down with Courtney to discuss the ADA and ways that accommodations may present themselves in Title IX matters. Michelle shares how she came to be an expert in the field, how she built a robust DRC at her institution, and the ways her office works with the Title IX process on campus. Her approach is so crucial at a time when more and more members of campus communities are presenting on the ASD spectrum. Legal primers, some basics on the unique considerations on Title IX training for students with ASD and fun facts about Michelle are also part of the discussion. Website: www.icslawyer.com  Email: [email protected]

In this first episode, Courtney covers the purpose of The Law and Higher Ed Podcast, what you can expect from each episode, a primer on the law related to Title IX compliance and a little about her own background, including fun facts! Website: www.icslawyer.com  Email: [email protected]

In this episode, Courtney provides an overview of the split between the 1st and 6th Circuit on whether due process in a sexual misconduct matter requires a live hearing and an ability for cross-examination in Doe v. Baum and Haidak v. U. Mass- Amherst.  She also discusses the March 2019 USC ruling regarding what constitutes a “fair hearing” and its implications for private institutions.  So much is happening on the litigation front in Title IX – staying abreast of recent cases is critical for professionals who work in Title IX. 

In this episode, Courtney talks with Jill Creighton, Dean of Students & Associate Vice President for Campus Life at Washington State University, about Title IX and Clery compliance abroad. Jill shares her experience navigating Title IX and Clery requirements when she led student conduct efforts at 14 global locations across six continents for New York University.  Jill also explains the importance of having an accessible process for international students, training considerations for study abroad programs, and her work on restorative justice.  Be sure to tune in to the end where Jill, who is very well traveled (50 countries!) shares some of her top picks.

In this episode Courtney talks with Dr. Laura McGuire, sexologist, trauma-informed specialist, consent educator, and inclusion consultant.  They talk about a controversial topic head-on – trauma-informed practices in Title IX cases – starting with the basics of what being trauma-informed means and ending with whether it is appropriate in campus cases involving sexual misconduct.  Laura explains what a sexologist is, why consent is complicated, and the work she has done incorporating restorative justice in cases of sexual misconduct.  She also shares interesting insight into her journey into this work and a fun fact we promise you will not see coming!  If you are a Title IX Coordinator, Title IX Investigator, or a higher ed administrator, in general, this episode is for you.  

Courtney sits down with Sarah Brown, Senior Editor at the Chronicle, to discuss the complex landscape of higher education and what is grabbing her attention right now.  They discuss the evolution of Title IX since 2011 from her perspective as a college student at the time, the challenges she faces in covering Title IX matters, Sarah’s article about the concept of “passing the harasser”, the hot legal landscape that exists from her perspective reporting on the myriad of issues facing colleges and universities today and so much more (hint: horse jockey!).  If you work in higher ed, you do not want to miss this episode.

In this episode, Courtney talks with her dad, Bill Nuttall, who is the Chairman for the Board of Trustees at his institution.  They discuss educating your board of trustees from the perspective of a board member who served at a time that his institution faced a Title IX matter, as well as the broader concept of the role of a board member and a board on college campuses. Their conversation then turns to the evolution of gender equity in college athletics in the 70s and concludes with a discussion of youth sports and minors on campus. As always, Courtney ends with some fun facts – and that discussion bleeds into helicopter and curler parents.  Title IX Coordinators, as well as parents of minors in youth sports, should tune in to this episode!

In Episode 10, Courtney shares the Top 10 mistakes she sees campuses make in their Title IX compliance efforts.  Be sure to tune in to this informational episode if you are a Title IX Coordinator or Title IX investigator in order to be thinking critically about your campus process as you look to enter the new academic year.

In Part 2 of Courtney and Leigh’s conversation, they discuss how to manage conflicts of interest on your Title IX team, the single investigator model against current trends in litigation and self-care.  Be sure to tune in to the end to learn about Leigh’s recipe for self-care and what she would be doing if she were not in higher ed…. Hint – Broadway!!!  Title IX Coordinators and their team do not want to miss these episodes with Leigh Parker, Title IX Coordinator at Life University.

Do you know the difference between due process and a fair process?  In this episode, Courtney and Leigh Parker, Title IX Coordinator for Life University, delve into the many facets of Title IX compliance – there is so much content that it is divided up into 2 parts again!  They touch on considerations for an effective Title IX Policy, conflicts of interest, who should serve on a Title IX team, due process versus a fair process and even self-care.  Leigh brings her passion for the profession and her experience both advising independent colleges and now as a Title IX Coordinator to the conversation in sharing her philosophy on ensuring campuses comply with both the spirit and the letter of the law.  They finish with some fun facts!

Courtney and Scott continue their conversation, delving into the NPRM, the traits of a good Title IX investigator and the difficulties of the job.  Do not miss the end where Scott shares what he would be doing if he were not a lawyer – which completely shocked Courtney – and his day of hooky (shhh…) where he learned that maybe there are some cool lawyers out there besides the two of them.      Contact ICS:  www.icslawyer.com or [email protected] Scott’s contact information:  https://www.huschblackwell.com/professionals/scott-schneider; Twitter:  @EdLawDude  

Courtney and Scott had so much to discuss that this Episode is 2 parts!  They have a candid discussion about the highs and lows of being a lawyer and what brought each of them to higher education law.  Scott shares some interesting things that he worked on in-house (hint:  A Camel Use Agreement for Hump Day) and you will hear about both of their experiences interviewing for the in-house position – so if you have any interest in going in-house this episode is for you!  Scott also talks about when an institution should consider hiring an outside investigator for a Title IX matter.   Contact ICS:  www.icslawyer.com or [email protected] Scott’s contact information:  https://www.huschblackwell.com/professionals/scott-schneider; Twitter:  @EdLawDude

In this informational episode, Courtney provides the foundation for her practice – ensuring everyone on campus knows their role in compliance with Title IX and related laws and regulations.  Courtney shares a few examples of what can happen when folks either do not know their role or do not know that they have a role, in compliance as well as some tips for Title IX Coordinators as they assess their campus compliance efforts. 

Tragically, Harrison Kowiak passed away as a freshman in college in a hazing incident. His mother, Lianne, has become an advocate sharing Harrison’s story across the country to hopefully prevent another family from experiencing the same heart break. A moving conversation, Lianne shares not only Harrison’s life, but the moments when they were with him as a family when he passed away – something no family ever expects to endure. Lianne also breaks down the definition of hazing and provides some sobering statistics at the K-12 and college level.

This episode explores microaggressions and the many ways they impact a college campus. Tiffany Cox, Title IX Coordinator for Rhodes College, explains what constitutes a microaggression and how they present themselves in the classroom, workplace, and even Title IX compliance. She provides great resources to consider in educating yourself and your campus to create a more inclusive environment. A former practicing attorney and law student with Courtney, Tiffany also shares how she came into higher education, diversity and inclusion, and Title IX compliance and her experience working at a large state institution versus a small private college.