Webinar

The Title IX Evolution: Navigating the Expanded Terrain

May 17, 2024 | 12:00 pm 2:00 pm EDT

About this Event

On April 19, 2024, the U.S. Department of Education, Office for Civil Rights, released its latest Title IX regulations. As anticipated, the Final Rule makes several significant departures from the 2020 Rule, by expanding Title IX’s scope, including expanding the definition of sex-based discrimination and harassment, and broadening what triggers an institutional response obligation, among other things. At the same time, the Final Rule introduces a level of institutional discretion not present in the current regulations.

Please join us for this 2-hour webinar, in which our member experts will provide an in-depth exploration of the Title IX Final Rule, unveiling its expanded scope and implications. From the evolving landscape of gender equity in higher education to crucial compliance strategies, this webinar will equip you with the knowledge to navigate confidently in the new era of Title IX enforcement. In particular, the presenters will discuss:

  • Definitions and jurisdiction, including expanded protections for LGBTQI+ and pregnant students;
  • Notification requirements and what triggers an institutional response;
  • The Title IX coordinator’s duties; requirements for pregnancy and pregnancy related conditions; and new training obligations for all employees and anyone involved in the grievance process;
  • Pre-hearing obligations, including content about complaints; initiating a complaint when there is an unwilling complainant; and supportive measures;
  • The formal and informal grievance process with respect to sex-based discrimination and sexual harassment;
  • Illustrative content from the preamble, ambiguities, and practical tips for college and university personnel as they begin to think about operationalizing the changes;
  • Other content, including retroactivity, retaliation, preemption, and more.

Note: This webinar is a follow-up to a complimentary briefing that was presented on April 25, 2024.  It is presumed that webinar participants are generally familiar with the Final Rule. NACUA members can access a complimentary recording of the briefing here.

Who Should Attend?  

This webinar will be of interest to college and university counsel who handle sexual misconduct matters, Title IX coordinators and investigators, student affairs professionals, human resources professionals, and other campus administrators responsible for student and employee misconduct matters.

Speakers

Bindu Jayne

Rowan University

Bindu Jayne has worked for over fifteen years in the civil rights, compliance, and equity space in higher education at such institutions as Swarthmore College, the University of Delaware, Appalachian State University, and Rowan University.  At each institution she oversaw broad portfolios and served as the Title IX Coordinator. Ms. Jayne is the founding partner of Sage Education Consulting, LLC, which provides civil rights-related investigation, adjudication, consulting, and policy drafting services to higher education clients. Prior to her work in higher education, Ms. Jayne began her legal career as an associate in the Philadelphia office of a large international law firm. Ms. Jayne received a B.A. in government from Cornell University, magna cum laude, and a J.D. from the University of Pennsylvania Law School.  

Patty Petrowski

Associate Vice President and Deputy General Counsel

University of Michigan

Patty Petrowski is the University of Michigan’s Associate Vice President and Deputy General Counsel.  She joined the U-M from a large law firm in Chicago, Illinois, where she worked from 2000-2014.  As a partner in the firm’s Complex Litigation Group, she litigated, arbitrated, and tried cases involving a variety of subject matters, with significant experience representing major research universities and academic medical centers.  Subject matters litigated include breach of contract, federal and state whistleblower statutes, contested trust and estate claims, insurance and reinsurance disputes, employment statutes, fraudulent transfer, religious discrimination, and securities fraud.  In addition, Patty served as the co-chairperson of legal recruiting for the firm’s Chicago office and was a member of the firm’s Committee for the Retention and Promotion of Women. 

In 2010, Patty was one of thirty-five demonstrated leaders competitively selected to participate in Leadership Greater Chicago, a year-long leadership development and networking program. 

Patty received a J.D. degree from the University of Michigan Law School.  She received a bachelor’s degree with High Honors in Political Economy from Michigan State University and was elected Phi Beta Kappa. 

Audrey Anderson

Counsel

Bass, Berry & Sims

Audrey Anderson is Counsel at Bass, Berry & Sims and focuses her practice on representing colleges, universities and educational institutions. Drawing on her over 30 years of experience gained as outside litigation counsel, government counsel, and as the general counsel for a major research university, Audrey brings judgment, creativity and practicality to solving her client’s problems across a range of issues arising from the activities of students, faculty and others in learning, living, teaching, researching and working on a college campus. Whether an issue arises under the First Amendment or Title IX, occurs in the lab, the board room or the athletics department, involves counseling, negotiation, or litigation, Audrey helps her clients find practical ways forward. 

Her practice involves advising institutions on matters related to Title IX and other investigations; policy reviews and revisions; employment and labor issues, including tenure cases; statutory and regulatory compliance; admissions programs; OCR complaints; and litigation of all types. Audrey serves as a Title IX hearing officer and appellate officer for various universities and works objectively to evaluate evidence and conduct necessary hearings with involved parties. In addition and as needed, Audrey has stepped in to serve as interim general counsel at educational institutions while a search is conducted for a permanent replacement. 

Prior to joining Bass, Berry & Sims, Audrey served as Vice Chancellor, General Counsel and University Secretary for Vanderbilt University. In this role, she was responsible for all legal advice provided to the university, including its medical center. Audrey also served in the Department of Homeland Security (DHS) beginning in 2009, and was Deputy General Counsel from September 2011 until she left the department in March 2013. Her duties there included advising on significant litigation and legislative matters across the department, and working with the Transportation Security Administration and the Federal Emergency Management Agency. 

Prior to her term at DHS, Audrey was a partner in the education and litigation practice groups at Hogan & Hartson (now Hogan Lovells), where her practice focused on representing and advising public school districts in litigation and other matters, and representing clients in complex civil litigation and appellate litigation of all types. Audrey began her career serving as a law clerk for the Honorable Harold H. Greene of the U.S. District Court for the District of Columbia and for the Chief Justice of the United States, William H. Rehnquist. 

Audrey currently serves as an adjunct faculty member at Vanderbilt Law School teaching higher education law and co-teaching a seminar on the Supreme Court. She is frequently called upon by the media to share her insights on changing laws and new rulings relevant to the higher education industry. 

Program Schedule

TimeSession Topic
12:00 P.M. ETIntroductions
Context and Framing
Definitions and Jurisdiction
Q&A 
Notice and Reporting Obligations
The Grievance Process
2:00 P.M. ETQ&A

Webinar Recording

Members who purchase the Live Webinar will receive access to the Post-Event Recording in the Online Learning Center at no additional charge. Non-members will not have post-event access to the recording or the materials and should plan to download materials during the live webinar.

If you are a member and couldn’t attend live, the event recording will be available for purchase in our Online Learning Center. The recording may be replayed at any time, but may not be copied, posted, or otherwise distributed within or outside of the institution, organization, or firm. The license entitles the purchaser to replay the recording at one campus or at one location of any organization or firm. You can purchase the Post-Event Recording here.

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