Educational institutions are required by Title IX, recent amendments to the Clery Act contained in the Violence Against Women Reauthorization Act, and the April 2011 Dear Colleague Letter to respond to allegations of sexual assault, misconduct, harassment, domestic violence, dating violence, and stalking on campus by conducting an investigation of the complainant’s allegations. This obligation exists even if the complainant is uncooperative or does not wish to pursue criminal charges or administrative measures. Educational institutions can suffer severe penalties for failure to properly comply with Title IX’s investigation requirements, including the withdrawal of federal student aid monies.
We audit educational institutions’ policies and procedures to determine compliance with Title IX, assist our clients in revising policies and procedures when necessary, and implement training programs for administrators and staff. We also assist clients in conducting Title IX investigations, calling upon our years of experience in investigating sexual assaults to insure a thorough, balanced, and appropriate client response.
We routinely advise clients on Clery Act compliance, audit our clients’ procedures, train staff and administration on Clery Act requirements, and facilitate communication among all client stakeholders to insure that all Clery Act events are reported correctly.
We promptly conduct internal investigations for educational institutions, to assist them in responding to allegations that their Clery Act reporting or Title IX investigation obligations were not met, or that their policies and procedures are inadequate.
In addition, we frequently counsel a variety of institutional clients, including medical facilities, hospitals, health care providers, religious organizations, for profit entities and non-profit entities, concerning the investigation of, and response to, allegations of sexual misconduct or possession of child pornography on institutional servers by employees.
Sample representations include a large state system, comprised of over ten institutions, a Fortune 100 Internet Service Provider, and numerous corporations and non-profit entities.
Kevin E. Raphael