Wednesday, December 10, 2014

Law makers look at how police can do more in sexual assault cases.

https://www.insidehighered.com/news/2014/12/10/senate-hearing-explores-law-enforcements-role-campus-sexual-assault

In my view they should do more.  Despite what the DOE seems to think, universities are poorly prepared to investigate and adjudicate such cases.  Furthermore, whether we find for the alleged victim or the alleged perp, we are equally likely to get sued when it's over.
College Campus Sexual Assault: Protecting Victims’ Rights & Reducing Possible College and University Liability
Part Number 12208WB
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Webinar Only        $299.00 includes live presentation, slides, and Q&A
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Description
Date: 1/20/2015, 1 PM Eastern
Duration: Scheduled for 90 minutes including question and answer session.
Presenter(s): Dr. James Ottavio Castagnera, Esq., managing director of K&C HR Enterprises and legal counsel at Rider University
Price: $299.00 webinar, $349.00 CD, $399.00 webinar and CD. Each option may be viewed by an unlimited number of attendees in one room using one unique login. CD includes full audio presentation, question and answer session and presentation slides.
Who Should Attend? Administrators, faculty, staff, higher education counsel
Best For: Higher education
Sexual assault on our nation’s campuses is becoming all too familiar, leading some to conclude that it has reached epidemic proportions. It seems that no institution is immune. Preparing to respond to a report of a sexual assault should take place before one occurs—not after an incident has been reported. The risks of not responding properly can be significant and can often undermine both the rights of victims and the accused alike, while at the same time exposing the institution to legal liability and adverse publicity.
In mid-2014 President Obama declared his intention to stamp out what he perceives as an excessive number of sexual assaults on our university campuses, and the U.S. Department of Education, Office of Civil Rights has named 100 plus universities which it claims have mismanaged sexual assault cases on their campuses. Under Title IX of the Higher Education Act and the Clery, both of which were amended in 2014 by the Violence Against Women Act, training of faculty and staff is no longer optional.
Everyone shares responsibility for promptly and effectively responding to sexual-assault allegations. Opportunities for mishandling such super-sensitive cases, however, are ever-present from the moment a victim levels an accusation until the allegation has been resolved and the accused employee or student has either been disciplined or exonerated. The chances of you and your institution being sued by the accuser or the accused are roughly equal ... even if you do everything right! Following best practices is absolutely critical to make sure that both the victim’s and the accused’s rights are protected and the potential risks of your school being sued are minimized. Please join Dr. James Ottavio Castagnera, Esq., managing director of K&C HR Enterprises and legal counsel at Rider University, for guidance and best practices for protecting both your school and the victims in situations of sexual assault.

WHAT YOU’LL LEARN

Just a sampling of what this webinar will cover:
  • Creating your policy and procedures
  • Promulgating your policy and procedures
  • Educating your campus community about sexual assault
  • Integrating your sexual assault policy into your institution's student and employee handbooks
  • Defining the roles of your own public safety officers, as well as the local police department
  • Training your designated intake officers to handle complaints as well as anonymous allegations
  • Training your investigators and hearing officers
  • Identifying and/or establishing support services for survivors of sexual assaults
  • Planning for adverse publicity and litigation threats
  • Maintaining confidentiality within the limits of the law
  • AND MUCH MORE!

YOUR CONFERENCE LEADER

Your conference leader for “College Campus Sexual Assault: Protecting Victims' Rights & Reducing Possible College and University Liability” is Dr. James Castagnera. Dr. Castagnera holds a law degree and a Ph.D. in American studies from Case Western Reserve University. Jim brings three decades of experience in higher education to this webinar. Prior to law school he served Case Western Reserve as director of university communication. He went on to teach as a full-time faculty member at the University of Texas-Austin and the Widener University Law School, and as a lecturer at the University of Pennsylvania, Wharton Business School. Currently, and for the past 18 years, he has been Rider University’s associate provost and legal counsel. His diverse duties include risk management, regulatory matters, faculty and student disciplinary cases, litigation management, governance and institutional policies.
He is the author of 18 books, including the Handbook for Student Law for Higher Education Administrators (Peter Lang, 2010, revised edition 2014) and a text book titled Counter Terrorism Issues: Case Studies in the Courtroom (CRC Press 2013).
His teaching experience includes continuing legal education courses, webinars and presentations at numerous national forums, including the Annual Conference of the National Center for the Study of Collective Bargaining in Higher Education and the Annual Homeland Defense and Security Higher Education Summit sponsored by the Naval Postgraduate School.


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