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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
 | | Practice Areas: | | Business Organizations & Contracts, Criminal Law & Procedure, Discrimination & Harassment, Education Law, Employment Law, Tax Law, Tax-Exempt Organizations | | | Online Media Type: | | Audio | | | Production Date: | | 02/12/2015 11:00 AM EST | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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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.
West LegalEdcenter will not provide accreditation for states not listed.
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This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.
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| | • | James Ottavio Castagnera, JD,PhD - managing director of K&C Human Resource Enterprises and legal counsel at New Jersey's Rider University. |
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