November 30, 2016
Respondent Litigation in Sexual Misconduct Matters: Lessons Learned from Recent Cases

In the five years since the Department of Education’s Office for Civil Rights (OCR) issued its Dear Colleague Letter, we have seen the number of sexual misconduct investigations and adjudications on college and university campuses rapidly rise and a similar rise in the number of students found responsible of misconduct.  An increasing number of those students have challenged the disciplinary sanctions for sexual misconduct in the courts.  Courts and, most recently, OCR have found that students accused of sexual misconduct had their Title IX rights violated.  

Three NACUA members with extensive experience with sexual misconduct investigations and related litigation will share their insights on:  

  • The types of claims being filed
  • Lessons learned
  • Potential changes as a result of the changing administration.

This program will be presented at the intermediate to advanced level, and presenters will assume participants have familiarity with Title IX and current OCR guidance. The seminar will be of interest to college and university counsel who advise institutions on Title IX, sexual harassment and student discipline. Campus administrators who may benefit from the program include Title IX Coordinators, student affairs and student discipline personnel and risk managers.

Program Schedule

12:00 P.M. ET

I. Welcome, Introduction of Speakers, & Agenda

II. Why Are These Types of Claims Being Filed?

III. Types of Claims in Respondent Litigation

IV. Lessons Learned 

V. Question & Answer Break

VI. Lessons Learned (cont.)

VII. Looking Ahead: Potential Changes with the Changing Administration

VIII. Question & Answer Break

2:00 P.M. ET

IX. Final Takeaways & Concluding Remarks


Lucy France

Lucy France Headshot

Lucy France is the legal counsel for the University of Montana.  She has held that position since March 2013.  She first joined the University in 2008 as the Director of Equal Opportunity & ...

Scott Roberts

Scott Roberts Headshot FINAL

Scott Roberts is the co-managing partner of Hirsch Roberts Weinstein LLP in Boston, where he provides counsel to colleges and universities on faculty and student issues. Scott has ...

Josh Whitlock

Josh Whitlock Headshot

Josh Whitlock is a Partner in the Charlotte office of McGuireWoods. He practices primarily in the areas of higher education and commercial litigation and regularly defends and  ...


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