Title IX for Academic Institutions

Our attorneys work with public and private universities, colleges, and K-12 schools to create and implement compliant Title IX policies and procedures. The first step in a Title IX Program is to have policies and procedures that are sound, understandable, and fully compliant with Title IX. Of course, the Title IX Office should fully understand the procedures so that it can inform students, officials, administrators, professors, and other employees. We offer our clients on-site and remote training options to assist in this process. We also offer campus-wide Title IX training and training for mandatory reporters.

We also offer standing consultations with in-house Title IX coordinators, advice on Clery Act and FERPA guidance, and ongoing consultations relating to addressing LBTQ+ students and issues relating to gender identity and expression.

Our Title IX Team has received in-depth training on Title IX compliance, conducting investigations, trauma-informed interview techniques, remote interviewing and investigations, understanding consent, the hearing process and serving as a hearing officer, safe sports, and conducting equity audits. Our attorneys receive frequent continuing legal education in this area so they remain abreast of all developments as we continue to provide cutting-edge training to our clients: universities, colleges, K–12 schools, fraternities, sororities, sports teams, students, professors, coaches, and more. We deploy experienced legal talent with a strong emphasis on prompt and open communication with clients. We deliver optimal results through intelligent and effective management of litigation and non-litigation matters.

Policies & Procedures

Our team can draft policies and grievance procedures that comply with the final Title IX regulations tailored to the needs of the university. We have experience developing comprehensive policies and procedures for universities and colleges that align with the staffing and capabilities of the school while ensuring compliance with Title IX regulations.

This offering will cover the following process:

1. Working with the university to develop and/or revise existing policies which align with new Title IX requirements, including:

1. 1. Title IX Investigator Responsibilities
   2. Sexual Harassment Policies and Procedures
   3. Flow Chart for Title IX Complaint Process
   4. Informal Resolution Process/Policy
   5. Investigation Process/Protocols
   6. Hearing Process/Protocols
   7. Appeal Process
2. Analyzing the university’s website and accessibility issues to ensure visibility of resources to students and staff.
3. Assessing best practices and providing insight into how universities are managing the process nationally through Clark Hill’s national practice and experience.
4. Analyzing the needs of the university as it relates to determining what parts of the Title IX process the University may wish to maintain in-house and what might be appropriately and effectively outsourced.

Communications

We can create and provide templates for providing notice of allegations and all other Title IX-required communications. Clark Hill has developed a significant library of tools and templates that will enable either the University or its outsourced partners to be compliant in following Title IX regulations and procedures. The compliance packages include:

1. Notice Documents
2. No Contact Forms
3. Rights and Responsibilities
4. Appeal Rights
5. Informal Resolution Agreement
6. Notice of Hearing Process to Parties
7. Notice of Advisor Rights
8. Record Retention Policy
9. FAQs

Resolution Model/Process

Clark Hill attorneys develop models to enable an informal resolution process. We work with universities to understand whether this process will be managed within the university or will be outsourced. Where needed, we can supplement the university’s resources with our professionals to provide an effective and cost-efficient process that will align to Title IX requirements and ensure all parties are provided a fair forum to resolve issues.

These ancillary services include:

1. Analyzing whether the complaint is appropriate for informal resolution
2. Providing Notice of the informal resolution process
3. Ensuring appropriate agreement to the process by both parties
4. Serving as the informal resolution facilitator during the process
5. Memorializing the final informal resolution agreement.

Litigation Services

We represent institutions and their officers and employees in defense of claims arising from Title IX and related claims in state and federal courts across the nation and before the Department of Education’s Office for Civil Rights, the EEOC, and state administrative agencies.

At Clark Hill, we tackle Title IX and related litigation with the uniquely agile, collaborative approach that is the hallmark of our approach to all litigation at the firm. Our nationwide litigation practice focuses on advocating for our clients. We are tenacious litigators with a strong record of achieving favorable results in high-stakes lawsuits, litigating cases based on an alleged lack of due process, Title IX or other civil rights violations, breach of contract, and tort liability. While litigation may be the only avenue available, there are times when pre-litigation efforts can achieve the same result. We have helped clients avoid litigation by successfully negotiating with opposing counsel to resolve cases pre-suit or during the pendency of the litigation.