The Law & Education: Episode 36: Impact of the Election on Title IX with Joe Storch, Jody Shipper, and Scott Schneider

Episode 36: Impact of the Election on Title IX with Joe Storch, Jody Shipper, and Scott Schneider

Dec 7, 2020

There is no doubt that politics affects education. With a new administration likely to take office in January, what are the changes we can expect to see in Title IX space under Joe Biden’s presidency? In this episode, Jody Shipper, Title IX consultant and Managing Director at Grand River Solutions, Scott Schneider, litigator and lawyer at Husch Blackwell, and Joe Storch, in-house counsel at SUNY, share their unique perspectives on the implications of the election on Title IX. We kick off with a recap of the developments that have happened in the last 90 days under the Trump administration, including the controversial diversity executive order. As we know, this has been a busy summer in the Title IX space. While everyone has been working furiously to get their ducks in a row, many of us can’t help but wonder if the hard work will go to waste should the regulations fall away. Jody, Scott and Joe all share their view on this issue. The conversation also covers the circuit courts’ handling of Title IX issues and the lack of uniformity as well as the single investigator model. We wrap up with a look at 2021, where we hear how we can prepare for the upcoming year. It was a great conversation, so be sure to tune in today!

Key Points From This Episode:

Implications of the developments in the Title IX space over the past 90 days under the Trump administration.
Why Jody recommends taking the Clery Act training with Joe.
What Scott predicts will happen under the Biden administration with the diversity executive order.
The work that Barack Obama did around the Office for Civil Rights with respect to Title IX.
Why Jody believes that even if the regulations fall away, the work put in is not for nothing.
Some of the important takeaways from working on the regulations over the summer.
Joe’s regrets over the time spent focusing on compliance rather than issues like student mental health this summer.
What stands out to Scott about the regulations and important conversations that have resulted.
Why Joe finds it interesting that Doe v. Baum has not been adopted uniformly across the circuit courts.
Positive changes in the evidence review processes that have come with the regulations.
The inconsistent application of the constitutional due process at private schools across different issues.
Jody’s argument for – in specific cases only – the single investigator model.
The important distinction some courts have made between reliability and credibility cases.
Why Joe feels the outrage at the single investigator model is somewhat unfounded.
Scott’s take on what might happen in the compliance and enforcement space under Joe Biden.
Finals words from the guests on preparing for 2021.

Tweetables:

“From a compliance standpoint, it wouldn’t surprise me if there was more activity around Clery enforcement than probably any other administration.” — @EdLawDude [0:09:04]

“Reviewing your policies shouldn’t be something that only happens when there’s a change in the presidential administration or new regulatory framework. It needs to happen more often.” — @JodyShipper [0:12:10]

“We’ve all talked about how sad we’ve become that this issue that we all care about and have devoted our careers to has become part of a political atmosphere. Red Title IX; Blue Title IX. I think we all yearn for a day when it returns to doing the right thing under civil rights law and the law and regulations.” — @JosephStorchNY [0:15:15]

“Everyone should be doing in January what they were doing in October, November, and December, in other words, right now, and the same thing for February, March, and April, unless and until there is something new that comes out that changes the approach.” — @JodyShipper [0:37:48]

“I am a little worried that sometimes our Title IX coordinators are focusing way too much attention on some small details and maybe missing bigger narratives.” — @EdLawDude [0:40:39]

“Our best response will never be as good as a prevented violation.” — @JosephStorchNY [0:42:52]

Links Mentioned in Today’s Episode:

Joe Storch

Joe Storch on Twitter

SUNY

Jody Shipper