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The Law & Education

Apr 30, 2020

Today we’re flipping the script to bring you an interview where your host Courtney Bullard features as a guest on the Higher Ground podcast with John Graff. In this episode, Courtney, John, and Scott Schneider discuss COVID-19, the NPRM and its implications, and more. These two men are respected colleagues in the industry; some might recall Scott being a former guest on the show. Scott is a well-known litigator, as well as a sought-after advisor on Title IX, labor and employment law issues, and risk management concerns related to student affairs. He has led several investigations of serial sex abuse allegations, allegations of misconduct involving senior leadership and other acts of institutional misconduct. Their discussion today involves weighing up the pros and cons of rolling out the new Title IX regulations in the current COVID environment, why it might not be worth postponing, and what these new regulations will mean for educational institutions and students. A big concern is that the suggested policies will discourage schools from conducting hearing processes, which in turn will deter students from reporting incidents. On the positive side, the new policies might lead to an increase in informal resolution type processes, although this comes with its own set of risks. Be sure to join the conversation to learn everything there is to know about the current status of new Title IX regs!


Key Points From This Episode:

  • The rumors about the Title IX regulation changes and the compliance deadline.
  • Hear how several state attorneys general are filing lawsuits against the DoED. 
  • An explanation of what it means when an injunction motion is filed against an institution.
  • Courtney’s thoughts on whether higher ed would like to see the current regulations blocked.
  • The pros and cons of implementing the new regs now versus postponing compliance.
  • Find out what it was like for Scott to sit in live hearings for small private schools.
  • The inevitable mistakes involved in implementing new regulations and how it affects students.
  • How the outcome for role players is directly tied to the level of experience of investigators.
  • Concerns about the time it takes to train higher ed to handle hearings each time changes are introduced.
  • How the new policies discourage schools from conducting hearing processes and what it means for victims.
  • Why it is likely that we will see a significant upsurge in informal resolution type processes.
  • The difficulty of parents and students accurately evaluating the outcome of a Title IX hearing.
  • Courtney’s thoughts on the triaging of Title IX cases in the current remote pandemic model.
  • Is it possible to deliver on the promises for support made in the annual security reports? 
  • Factors to consider when thinking about reopening schools and campuses.
  • Other concerns that clients are raising in terms of the new regulations.



“It would basically be a collection of states getting together, going to a court and saying, ‘Block enforcement of these regulations.’”— @EdLawDude [0:10:42]

“I think the general census, at least from my clients, would be not to have to add something else. On the flip side, I also think there are a lot of folks—especially like myself—that’s just like, ‘Let’s just get on with it.’ If we are going to have to comply and this is going to happen, then let’s just do so that we can move on with our lives.” — @ICSLawyer [0:11:10]

“Assuming that the final regs are what we suspect the final regs would be, I would think the net impact of that is going to be students no longer wanting to come forward and participating in the process and maybe not even coming forward at all, which would be a tragedy.” — @EdLawDude [0:22:21]


“That’s why I’m almost hoping the regs drop sooner rather than later. Give people as much time as humanly possible to start transitioning to whatever the final regs are going to say.” — @EdLawDude [0:34:47]


Links Mentioned in Today’s Episode:

Higher Ground Podcast

John Graff on Twitter

Scott Schneider

Scott Schneider on Twitter

Scott Schneider Number

Courtney Bullard on Twitter

Courtney Bullard Email

Courtney Bullard Number

The Chronicle of Higher Education

Inside Higher Ed

Vice News


Mohegan Sun