Respondent Litigation in Sexual Misconduct Matters: Lessons Learned from Recent Cases

Speaker Biographies

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 & Affirmative Action.  Before coming to the University, Lucy was in private practice for 13 years with the law firm of Garlington, Lohn & Robinson, in Missoula.  She developed an expertise in discrimination and employment law.  Lucy has taught employment law as an adjunct professor at the University of Montana School of Law.  Lucy has helped guide the University of Montana through Office for Civil Rights and U.S. Department of Justice compliance reviews and investigations regarding Title IX and Title IV, as well as Section 504 of the Rehabilitation Act and Title II of the ADA regarding electronic and information technology access. She has helped the University create a new affirmative action plan, conduct a Title IX athletics audit and create a University diversity strategic plan. She obtained her B.A. at the University of California, Berkeley and her J.D. from the University of Montana School of Law. 

Scott Roberts Headshot FINALScott 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 successfully defended college and university clients in multiple lawsuits and agency actions involving claims of discrimination, defamation, and claims by students expelled for sexual misconduct.  Scott also serves an independent investigator and fact-finder for complaints of sexual misconduct against students and faculty, and he has conducted over a dozen investigations in the past year alone. Scott is a frequent lecturer at seminars for institutions of higher education, including several presentations at NACUA, and has provided training to colleges and universities on Title IX compliance and best practices for investigations.  Scott has been selected for inclusion in the Best Lawyers in America in four areas, including Education Law and Labor and Employment Litigation. 


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 counsels colleges and universities in connection with a variety of issues, including Title IX, ADA, Section 504, FERPA, Title VII, and program integrity rules compliance and student lending, student discipline, tenure and general employment matters. Mr. Whitlock has handled numerous OCR, FSA, and EEOC investigations and defended schools against a broad range of claims from students, parents, and employees. In the Title IX context, Mr. Whitlock routinely assists schools with the drafting, revision, implementation, and application of sexual misconduct policies and procedures and defends them against sexual misconduct-related complaints and claims. Additionally, he frequently makes presentations and publishes articles regarding Title IX compliance and campus sexual misconduct. He served as Chair of the North Carolina Bar Association Education Law Section, annually helps teach the Higher Education Practicum at the Washington and Lee University School of Law, and was named a North Carolina Super Lawyers Rising Star in Schools & Education Law in 2013, 2014, 2015, and 2016.