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The Law & Education

May 19, 2022

In todays episode, Courtney talks Title IX litigation with Steven Richard, a highly experienced trial and appellate lawyer who handles commercial, higher education, privacy, and employment cases on federal and state court levels. We find out about Stevens educational and professional background, a pivotal moment for Title IX case law with a recent Supreme Court decision in Cummings, considerations on how to effectively litigate in the Title IX context, the current challenges litigating Title IX cases, the role the media plays in creating bias, alternative courses of action for plaintiffs, and much more. Learn about a fascinating and evolving space with expert Steven M. Richard.  Title IX lawyers, you will not want to miss this episode.


Key Points From This Episode:

  • Details about the September 15th live K-12 Investigator training.
  • A pivotal moment in Steven’s career regarding a Title IX case.
  • Why two past Supreme Court decisions are essential to higher education law.
  • Some of the challenges applying Gebser and Davis case law in real-world scenarios.
  • Why it is essential for a grass-roots approach to compliance with Title IX on campus.
  • One of the challenges in explaining Title IX compliance in the courtroom.
  • The constant challenge of dealing with bias challenges in Title IX litigation.
  • Steven shares his thoughts on the NPRM.
  • Rundown of whether the Supreme Court will revisit the Davis causation requirement. 
  • Issues media coverage can cause to the reputation and narrative of a particular case.
  • Steven breakdowns the recent Supreme Court opinion, Cummings, that is a game changer in Title IX litigation.
  • Alternative courses of action a plaintiff can make to recover damages outside of Title IX.
  • Explanation of the current litigation trends in Title IX that Steven is experiencing in his practice.
  • Why Steven believes understanding Title IX and the context is so important to being a Title IX litigator.
  • Importance of recognizing the differences between law enforcement and college responses.
  • Discussion about the future of Title IX and how it might change. 


Links Mentioned in Today’s Episode:

Steven M. Richard

Steven M. Richard on LinkedIn

Steven M. Richard on Twitter

Nixon Peabody Blog

Will the Supreme Court revisit Davis’ causation requirement?

Supreme Court rules that emotional injury damages are not recoverable under Spending Clause statutes, which include Title VI and Title IX

Ninth Circuit holds that university is not liable under Title IX for assault in an off-campus residence 

ICS Lawyer

Higher Ed Community Access

K-12 Community Access

Higher Ed Virtual Certified IX Training

K-12 Virtual Certified Title IX Training

ICS Blog

Courtney Bullard on Twitter