May 19, 2022
In today’s
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
Steven’s 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