Jody Shipper's guest appearances

Jody Shipper

The Law & Education

Sarah Brown

Scott Schneider

Laura McGuire

Nancy Hogshead-Makar

Betsy Smith

Bill Nuttall

Tiffany Cox

Megan Farrell

John Graff

Michelle Rigler

Leigh Parker

Lianne Kowiak

Courtney Bullard

Stephanie Lott

Doug Fierberg

OwlTail

Joe Storch

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 Jody Shipper on Twitter Grand River Solutions  Scott Schneider Scott Schneider on Twitter Husch Blackwell John Graff on Twitter Higher Ground Podcast Joe Biden  Kamala Harris  The Handbook for Campus Safety and Security  Barack Obama Office for Civil Rights  Doe v. Baum Courtney Bullard on Twitter  ICS Lawyer SUNY

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: <ul> <li>Implications of the developments in the Title IX space over the past 90 days under the Trump administration.</li> <li>Why Jody recommends taking the Clery Act training with Joe.</li> <li>What Scott predicts will happen under the Biden administration with the diversity executive order.</li> <li>The work that Barack Obama did around the Office for Civil Rights with respect to Title IX.</li> <li>Why Jody believes that even if the regulations fall away, the work put in is not for nothing.</li> <li>Some of the important takeaways from working on the regulations over the summer.</li> <li>Joe’s regrets over the time spent focusing on compliance rather than issues like student mental health this summer.</li> <li>What stands out to Scott about the regulations and important conversations that have resulted.</li> <li>Why Joe finds it interesting that Doe v. Baum has not been adopted uniformly across the circuit courts.</li> <li>Positive changes in the evidence review processes that have come with the regulations.</li> <li>The inconsistent application of the constitutional due process at private schools across different issues.</li> <li>Jody’s argument for – in specific cases only – the single investigator model.</li> <li>The important distinction some courts have made between reliability and credibility cases.</li> <li>Why Joe feels the outrage at the single investigator model is somewhat unfounded.</li> <li>Scott’s take on what might happen in the compliance and enforcement space under Joe Biden.</li> <li>Finals words from the guests on preparing for 2021.</li> </ul> Tweetables: “From a compliance standpoint, it wouldn’t surprise me if there was more activity around Clery enforcement than probably any other administration.” — <a href="https://twitter.com/edlawdude?lang=en" rel="nofollow" target="_blank">@EdLawDude</a> [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.” — <a href="https://twitter.com/jodyshipper?lang=en" rel="nofollow" target="_blank">@JodyShipper</a> [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.” — <a href="https://twitter.com/josephstorchny?lang=en" rel="nofollow" target="_blank">@JosephStorchNY</a> [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.” — <a href="https://twitter.com/jodyshipper?lang=en" rel="nofollow" target="_blank">@JodyShipper</a> [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.” — <a href="https://twitter.com/edlawdude?lang=en" rel="nofollow" target="_blank">@EdLawDude</a> [0:40:39] “Our best response will never be as good as a prevented violation.” — <a href="https://twitter.com/josephstorchny?lang=en" rel="nofollow" target="_blank">@JosephStorchNY</a> [0:42:52] Links Mentioned in Today’s Episode: <a href="https://system.suny.edu/counsel/staff-biographies/joseph-storch/" rel="nofollow" target="_blank"> Joe Storch</a> <a href="https://twitter.com/josephstorchny?lang=en" rel="nofollow" target="_blank"> Joe Storch on Twitter</a> <a href="https://www.suny.edu/" rel="nofollow" target="_blank">SUNY</a> <a href="https://www.linkedin.com/in/jody-shipper-a272bb60" rel="nofollow" target="_blank">Jody Shipper</a> <a href="https://twitter.com/jodyshipper?lang=en" rel="nofollow" target="_blank">Jody Shipper on Twitter</a> <a href="https://www.grandriversolutions.com/" rel="nofollow" target="_blank">Grand River Solutions</a> <a href="https://www.huschblackwell.com/professionals/scott-schneider" rel="nofollow" target="_blank"> Scott Schneider</a> <a href="https://twitter.com/edlawdude?lang=en" rel="nofollow" target="_blank">Scott Schneider on Twitter</a> <a href="https://www.huschblackwell.com/" rel="nofollow" target="_blank">Husch Blackwell</a> <a href="https://twitter.com/jtgraff" rel="nofollow" target="_blank">John Graff on Twitter</a> <a href="https://hrwhigherground.buzzsprout.com/" rel="nofollow" target="_blank">Higher Ground Podcast</a> <a href="https://joebiden.com/" rel="nofollow" target="_blank">Joe Biden</a> <a href="https://twitter.com/KamalaHarris?ref_src=twsrc%255Egoogle%257Ctwcamp%255Eserp%257Ctwgr%255Eauthor" rel="nofollow" target="_blank"> Kamala Harris</a> <a href="https://clerycenter.org/wp-content/uploads/2017/01/handbook-2.pdf" rel="nofollow" target="_blank"> The Handbook for Campus Safety and Security</a> <a href="https://twitter.com/BarackObama?ref_src=twsrc%255Egoogle%257Ctwcamp%255Eserp%257Ctwgr%255Eauthor" rel="nofollow" target="_blank"> Barack Obama</a> <a href="https://www.hhs.gov/ocr/index.html" rel="nofollow" target="_blank">Office for Civil Rights</a> <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/18a0200p-06.pdf" rel="nofollow" target="_blank"> Doe v. Baum</a> <a href="https://twitter.com/ICSLawyer" rel="nofollow" target="_blank">Courtney Bullard on Twitter</a> <a href="https://icslawyer.com/" rel="nofollow" target="_blank">ICS Lawyer</a> <a href="https://www.suny.edu/" rel="nofollow" target="_blank">SUNY</a>

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

This episode continues Courtney’s deep dive with Jody Shipper into the complexities that typically arise concerning Title IX, Clery, and VAWA investigations in colleges and universities. Jody is a nationally recognized subject matter expert with more than 20 years’ experience in policies aimed at addressing sexual misconduct on campuses; it has been a privilege to hear her thoughts in this extended conversation. In our discussion today, we continue on the topic of the overlap between Clery and Title IX, particularly around VAWA cases. For example, dating violence, domestic violence, stalking, and sexual assault all fall under Clery and VAWA, but not Title IX. They have been adopted within Title IX procedures nevertheless though, which both suggest the necessity for collaboration between fields but also produce grey areas. This segues into a discussion about the pitfalls of siloing, where we stress the idea that Clery, threat assessment, and Title IX teams should all be working together in a closer way than what meets the bare minimum defined as ‘compliance.’ Indeed, many cases that meet compliance are in fact failed cases, and Jody gives an example of how collaboration saved a woman from being murdered by her boyfriend. Our conversation turns to stalking and relationship violence, and we discuss the necessity for professionals to be highly trained and therefore equipped to discern between ‘benign’ and severe cases, and how sending out warnings inappropriately can actually escalate violence. Jody shares many more insights into cautions and best practices on today’s topic so be sure to tune in for it.   Key Points From This Episode:  Cross-sections between Title IX, Clery and VAWA cases and procedures. Procedural requirements for VAWA cases: notifying parties simultaneously, etc. What constitutes a VAWA breach: Clery crimes, sexual assault, stalking, and more. The value of Title IX and Clery collaboration before releasing timely warnings. Why a Title IX investigator should review the language in a timely warning. How timely warnings can backlash by victim shaming, leading to reluctancy to report. Tendencies for campus safety to have less of an EQ around sensitive cases and language. Necessities around being able to give an educated response to emotive queries. Tendencies for people in higher ed to get silo-ed and how VAWA is handled on campus. Importance of campus safety, Title IX, and threat assessment teams to collaborate. The line between severe and easily resolvable VAWA cases and what constitutes Title IX. How sending notice can lead to more violence if done at inappropriate moments. Severe complexities in dealing with escalated stalking and relationship violence cases. The need to have an educated person gauge severe vs ‘benign’ relationship violence cases. An example of how un-silo-ed teams saved a VAWA case from becoming a murder. How silo-ed teams can be compliant but failing at the same time.    Tweetables: “We get so silo-ed in higher ed.” — @JodyShipper [0:12:19] “How do we know that sending notice isn’t going to be the precipitating factor to much more severe violence?” — @JodyShipper [0:18:08] “Consult, consult, consult.” — @JodyShipper [0:25:33]   Links Mentioned in Today’s Episode: Jody Shipper on LinkedIn Grand River Solutions ICS Lawyer Title IX University Upcoming Webinars The Law and Higher Ed Podcast Courtney Bullard on Twitter Courtney Bullard on LinkedIn

This episode continues Courtney’s deep dive with Jody Shipper into the complexities that typically arise concerning Title IX, Clery, and VAWA investigations in colleges and universities. Jody is a nationally recognized subject matter expert with more than 20 years’ experience in policies aimed at addressing sexual misconduct on campuses; it has been a privilege to hear her thoughts in this extended conversation. In our discussion today, we continue on the topic of the overlap between Clery and Title IX, particularly around VAWA cases. For example, dating violence, domestic violence, stalking, and sexual assault all fall under Clery and VAWA, but not Title IX. They have been adopted within Title IX procedures nevertheless though, which both suggest the necessity for collaboration between fields but also produce grey areas. This segues into a discussion about the pitfalls of siloing, where we stress the idea that Clery, threat assessment, and Title IX teams should all be working together in a closer way than what meets the bare minimum defined as ‘compliance.’ Indeed, many cases that meet compliance are in fact failed cases, and Jody gives an example of how collaboration saved a woman from being murdered by her boyfriend. Our conversation turns to stalking and relationship violence, and we discuss the necessity for professionals to be highly trained and therefore equipped to discern between ‘benign’ and severe cases, and how sending out warnings inappropriately can actually escalate violence. Jody shares many more insights into cautions and best practices on today’s topic so be sure to tune in for it. Key Points From This Episode: <ul> <li>Cross-sections between Title IX, Clery and VAWA cases and procedures.</li> <li>Procedural requirements for VAWA cases: notifying parties simultaneously, etc.</li> <li>What constitutes a VAWA breach: Clery crimes, sexual assault, stalking, and more.</li> <li>The value of Title IX and Clery collaboration before releasing timely warnings.</li> <li>Why a Title IX investigator should review the language in a timely warning.</li> <li>How timely warnings can backlash by victim shaming, leading to reluctancy to report.</li> <li>Tendencies for campus safety to have less of an EQ around sensitive cases and language.</li> <li>Necessities around being able to give an educated response to emotive queries.</li> <li>Tendencies for people in higher ed to get silo-ed and how VAWA is handled on campus.</li> <li>Importance of campus safety, Title IX, and threat assessment teams to collaborate.</li> <li>The line between severe and easily resolvable VAWA cases and what constitutes Title IX.</li> <li>How sending notice can lead to more violence if done at inappropriate moments.</li> <li>Severe complexities in dealing with escalated stalking and relationship violence cases.</li> <li>The need to have an educated person gauge severe vs ‘benign’ relationship violence cases.</li> <li>An example of how un-silo-ed teams saved a VAWA case from becoming a murder.</li> <li>How silo-ed teams can be compliant but failing at the same time.</li> </ul> Tweetables: “We get so silo-ed in higher ed.” — <a href="https://twitter.com/JodyShipper" rel="nofollow" target="_blank">@JodyShipper</a> [0:12:19] “How do we know that sending notice isn’t going to be the precipitating factor to much more severe violence?” — <a href="https://twitter.com/JodyShipper" rel="nofollow" target="_blank">@JodyShipper</a> [0:18:08] “Consult, consult, consult.” — <a href="https://twitter.com/JodyShipper" rel="nofollow" target="_blank">@JodyShipper</a> [0:25:33] Links Mentioned in Today’s Episode: <a href="https://www.linkedin.com/in/jody-shipper-a272bb60/" rel="nofollow" target="_blank">Jody Shipper on LinkedIn</a> <a href="https://www.grandriversolutions.com/" rel="nofollow" target="_blank">Grand River Solutions</a> <a href="https://icslawyer.com/" rel="nofollow" target="_blank">ICS Lawyer</a> <a href="http://www.titleixu.com" rel="nofollow" target="_blank">Title IX University</a> <a href="https://icslawyer.com/ics-events/" rel="nofollow" target="_blank">Upcoming Webinars</a> <a href="https://icslawyer.com/podcasts/" rel="nofollow" target="_blank">The Law and Higher Ed Podcast</a> <a href="https://twitter.com/ICSLawyer" rel="nofollow" target="_blank">Courtney Bullard on Twitter</a> <a href="https://www.linkedin.com/in/courtney-bullard-bb295857/" rel="nofollow" target="_blank">Courtney Bullard on LinkedIn</a>

Episode 21: Filling the Title IX and Clery Gap in Schools and Universities with Jody Shipper, Part 2