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Description: 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.
Takeaways:
- A deeper understanding of sexual harassment, sexual misconduct, and sexual assault as defined by federal law
- A clear appreciation of your institution's legal responsibilities, as
well the responsibilities of individual faculty and staff
- The key components of a Sexual Harassment/Sexual Assault Policy,
including Informal and Formal Investigation and Adjudication Procedures
- A grasp of the delicate balance between affording victims
confidentiality and protection from retaliation and according due
process to the accused
- A familiarity with special and emerging issues: the victim as
"perp"; the "perp" as victim; proposed alternatives to on-campus
investigation and adjudication
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| Practice Areas: | | Business
Organizations & Contracts, Criminal Law & Procedure,
Discrimination & Harassment, Education Law, Employment Law, Tax Law,
Tax-Exempt Organizations |
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| Online Media Type: | | Audio |
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| Production Date: | | 02/12/2015 11:00 AM EST |
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| Level: | | Intermediate |
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| Category: | | Standard |
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| Duration: | | 1 Hours, 0 Minutes |
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| Online Format: | | Live |
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Click here for information on subscription discounts and Group Viewing opportunities.
Purchase of this product provides online access for 180 days.
If you are purchasing a live webcast, you will receive complimentary
access to the on demand version for 180 days once it becomes available.
Please note that the on demand and podcast versions may, or may not be
accredited in your state.
If you intend to take a course for CLE credit,
please make sure your state is listed in the "Accreditation" section to
the upper right of the program description. Accreditation displayed is
unique to the purchased program format (live conference, live webcast,
on demand, podcast). Credit totals listed for live conferences are the
maximum credits available. Credits issued will be based upon actual time
in attendance. Credit totals for other formats are for complete
programs. Partial credit is not available for any online or
downloadable format.
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