UPCOMING WEBINARS & SEMINARS

9/24/10 - When Counselors Are No Longer Counselors at Community Colleges - An ASCA/NASPA webinar featuring W. Scott Lewis, J.D.  Click here for more information.

10/5/10 - Red Flags Rule: Identity Theft Compliance Deadline - An NCHERM/Paperclip Communications webinar featuring Saundra K. Schuster, J.D.  2:00pm ET.  Click here to register.

10/14/10 - Campus Sexual Misconduct Investigation Training - Featuring Brett A. Sokolow, J.D.  Co-sponsored by NASPA Region IV.  Hosted by University of the Pacific, Stockton, CA. 2:00pm to 5:00pm.  Click here to register.

10/18/10 - Medical Withdrawal of Students - An NCHERM/NaBITA WEBINAR featuring Brett A. Sokolow, J.D., W. Scott Lewis, J.D. and Saundra K. Schuster, J.D.  2:00pm to 3:30pm EDT. Click here to register.

10/25/10 - Threat Assessment Training - An NCHERM/NABITA regional seminar featuring Brett A. Sokolow, J.D.  Hosted by The University of Miami, Coral Gables, FL.  10:00am to 3:00pm.  Click here to register.

10/27/10 - Law 101 for Faculty Members: How Not to Get Sued - An NCHERM/Magna Publications webinar rebroadcast featuring Brett A. Sokolow, J.D. and W. Scott Lewis, J.D.  Re-broadcasting throughout the day. Click here to register.

10/29/10 - Red Flags Rule Compliance Training - An NCHERM regional seminar featuring Saundra K. Schuster, Esq.  Hosted by Columbus State Community College, Columbus, OH.  10:00am to 1:00pm. Click here to register.

11/2/10 - Investigating Campus Sexual Misconduct - An NCHERM regional seminar featuring W. Scott Lewis, J.D. and Saundra K. Schuster, J.D.  Hosted by University of Massachusetts Lowell, Lowell, MA.  9:00am to 5:00pm.  Click here to register.

11/9/10 - Investigating Campus Sexual Misconduct - An NCHERM regional seminar featuring Brett A. Sokolow, J.D., W. Scott Lewis, J.D. and Saundra K. Schuster, J.D.  Hosted by Pacific Lutheran University, Tacoma, WA. 9:00am to 5:00pm.  Click here to register.

11/15/10 - Investigating Campus Sexual Misconduct - An NCHERM regional seminar featuring Brett A. Sokolow, J.D., W. Scott Lewis, J.D. and Saundra K. Schuster, J.D.  Hosted by University of Colorado at Boulder, Boulder, CO.  9:00am to 5:00pm.  Click here to register.

The National Center for Higher Education Risk Management, Ltd (NCHERM)

and

Student Affairs Administrators in Higher Education (NASPA)

present

Investigation Training for Campus Sexual Misconduct Complaints

and Other Civil Rights Grievances

A Regional Seminar presented by Brett A. Sokolow, Esq.

Thursday, October 14th, 2010

2:00 to 5:00pm

Hosted by University of the Pacific

Stockton, CA

This half-day training will convey best practices for investigation of student and employee civil rights grievances, including sexual assault, sexual harassment, stalking, hate acts, and other discriminatory actions.

Typically, colleges and universities rely on campus law enforcement, HR and student affairs (or student conduct) administrators to investigate civil rights complaints. This training will help you to ensure these key employees are well-trained to investigate civil rights violations. This training will also offer a model for investigating student civil rights complaints that does not rely on law enforcement, but empowers a strong student affairs investigation model. Campus sexual assault complaints are so difficult, in part because many colleges address them as conduct matters, to be resolved by a board or panel. These complaints, and similar offenses like stalking and relationship violence are conduct matters, but also potential civil rights violations. Therefore, they can be resolved like other civil rights violations, through an investigation model. You'll find this model helps to address these complaints quickly, more thoroughly, and with less anguish than the adversarial model colleges and universities have traditionally used.

The topics of this training include:

• Who should investigate?
• What background and skill sets should investigators have?
• How does team investigation work?
• Building rapport
• Developing a witness list
• Flowcharting witness connections
• Strategizing interviews
• Victim-sensitivity concerns
• When to alert/charge the accused individual
• Policy application
• Applying the standard of proof
• Analysis of evidence
• Documenting the investigation process
• Preparing a report of findings
• What to do with findings
• The role of the investigator in hearings

This training will provide all registrants with an investigation best practices tip sheet, comprehensive investigation model materials, and a civil rights/sexual misconduct model investigation protocol.

PRESENTER BIO

Brett A. Sokolow, Esq. is a higher education attorney who specializes in high-risk campus health and safety issues. He is recognized as a national leader on campus sexual violence prevention, response and remediation. He is legal counsel to sixteen colleges, and is the founder and managing partner of the National Center for Higher Education Risk Management. Brett frequently serves as an expert witness on sexual assault and harassment cases, and he has authored ten books and more than 50 articles on campus safety and sexual assault. He has consulted with more than 1,400 college campuses. He has provided strategic prevention programs to students at more than 1,800 college and university campuses on sexual misconduct and alcohol. He has authored the conduct codes of more than fifty colleges and universities. The NCHERM Model Sexual Misconduct policy serves as the basis for policies at hundreds of colleges and universities across the country. NCHERM has trained the members of more than 400 conduct hearing boards at colleges and universities in North America. He serves as the 2009-2010 president of NaBITA, the National Behavioral Intervention Team Association (www.nabita.org), and is a Directorate Body member of the ACPA Commission on Student Conduct and Legal Issues. He is a graduate of the College of William and Mary and the Villanova University School of Law.

TIME AND LOCATION

The training will be held at the University of the Pacific's Stockton campus, 3601 Pacific Avenue, Stockton, CA 95211.  Click here for maps and directions.

COST AND REGISTRATION

The cost to attend is $129.99 per person.  To register online, please click here.

To download the PDF registration form to pay by cheque, click here.

Registration deadline is Monday, October 11, 2010.

CUSTOMER SERVICE

Questions should be directed to Samantha Dutill, NCHERM Client Relations Coordinator at 610.993.0229 or samantha@ncherm.org.  To pay by purchase order, please email Samantha.

Medical Withdrawal of Students

An Online Webinar Hosted by NCHERM/NaBITA

Monday, October 18, 2010

2:00pm to 3:30pm EDT

Featuring:

Brett A. Sokolow, J.D.,  W. Scott Lewis, J.D., and Saundra K. Schuster, J.D.

Cost:

Basic NaBITA members and non-members = $149.99

Standard and Enhanced* NaBITA member 10% discount= $134.99

Unlimited Listeners at Your Site

No Need to Leave the Comfort of Your Office

Listen by Phone or VOIP

Watch the Slides Online

Register Here.

Read More About the Topic Below.

Faced with increasing concerns about potentially violent students, threatening behavior, and individuals who cannot cope with the stresses of college life, more and more colleges are developing capacities for medical and psychological withdrawal that are separate from campus conduct mechanisms. Medical and psychological withdrawal policies and protocols can be of value, when they are structured correctly and carefully. This webinar will explore the legal and policy considerations on how to get it right.

1. Define clearly when situations should track through conduct processes and when they should track through Medical/Psychological withdrawal protocols
2. Create structures to ease the process of voluntary medical or psychological withdrawal
3. Use involuntary medical or psychological withdrawal only as last resort
4. Understand the legal framework laid out by ADA and Section 504 of the Rehabilitation Act for separating a student on the basis of suicidal behavior
5. Know how the law applies to housing and institutional separations
6. What is a direct threat determination and how should it be made?
7. How do enhanced due process requirements apply to an involuntary medical or psyschological withdrawal determination?
8. What are a student's right to return and how can conditions govern return?
9. How do we avoid charges of pretextual discrimination?
10. What are the ongoing institutional obligations to a withdrawn student?

We'll answer these questions and yours in this webinar.

INTENDED PARTICIPANTS

• Student Affairs Administrators
• Judicial Administrators
• University Legal Counsel
• Risk Managers
• Human Resources Staff
• Disability Services Personnel
• Residential Life Administrators
• Campus Law Enforcement
• Student Activities and Student Development Staff
• Faculty
• Counseling Services Personnel
• Health Services Staff
• Campus Crisis Response Teams, CISDT, and Behavioral Intervention Teams

PRESENTERS

This event will be presented by Brett A. Sokolow, J.D., the President of NCHERM and NaBITA; Saundra K. Schuster, J.D., the NaBITA President-Elect, and W. Scott Lewis, J.D., NCHERM Partner.  Click on the names of each presenter above to learn more about them.

REGISTER

Register here to attend the webinar.  Detailed instructions for hosting and logging into the event will be emailed to the primary registrant once you register. 

LOGISTICS

The logistics of a webinar are easy.  You will need a phone and a connection to the Internet.  You'll be able to follow along visually with our slides and hear the presenters speaking simultaneously.  With a speakerphone, unlimited participation is possible on you end.  And, this event will feature live Q&A with the presenters. 

TIMES FOR THE LIVE EVENT

   2:00 PM - 3:30 PM (Eastern Daylight Time)
   1:00 PM - 12:30 PM (Central Daylight Time)
  12:00 PM - 1:30 PM (Mountain Daylight Time)
  11:00 AM - 12:30 PM (Pacific Daylight Time)

ORDER A COPY ON CD

Can't make the scheduled seminar? Click here to order the program in CD format, mailed to you promptly following the event. You can also register for the live event and order a copy on CD-ROM as a package for $249.99.

CUSTOMER SERVICE

Questions about hosting should be directed to Samantha Dutill, NCHERM Client Relations Coordinator at 610.993.0229 or samantha@ncherm.org.  To pay by cheque or purchase order, please email Samantha.

* Enhanced NaBITA members, please email Samantha to confirm whether this webinar qualifies as one of your 2 FREE webinars.

Threat Assessment Training

An NCHERM/NaBITA Regional Seminar presented by Brett A. Sokolow, Esq.

Monday, October 25, 2010
10:00am to 3:00pm

Hosted by The University of Miami
Coral Gables, FL

This Institute focuses on threat assessment and aggression. We've relied on our campus law enforcement and counselors for threat assessment until now, but many are questioning how well the threat assessment capacities of those professions serve the needs of a behavioral intervention team. This training offers a new, multidisciplinary, holistic model for behavioral teams, based on assessing mental health (harm-to-self), generalized risk and aggression (harm-to-others). In this training, participants will learn how to use the NaBITA Threat Assessment Tool and will apply in it small group collaboration to 15 tabletop exercises showcasing a range of BIT case studies.

All registrants will receive:
- The NaBITA Threat Assessment Tool
- Three NCHERM College and University Behavioral Intervention Team Whitepapers
- Powerpoint presentations, support articles and materials

AGENDA

10:00am to Noon
o What is profiling?
o What are the capacities of profiling?
o What are the limitations of profiling?
  § Can profiling accurately predict violence on a college campus?
o What is risk assessment?
o How does it differ from threat assessment?
o What is threat assessment?
o How does it differ from risk assessment?
o Is threat assessment inherently reactive?
  § Proactive assessment
  § Threat-parallel assessment
  § Reactive assessment
o Objective, assessable, observable behaviors
  § The threatener almost always gives forewarning
  § Rehearsal
o Interview and Investigation Skills
  § Beware the Iceberg
  § Identifying pattern behaviors
  § Pinging
o Classifying risk/threat with a rubric
  § Accurate classification
  § A sophisticated taxonomy, but a simple application
    • The “D” scale for mental-health related risks
    • The NaBITA 5-level risk rubric
    • Aggression Management measures

1:00pm to 3:00pm

Case Studies/Tabletop Exercises

DELIVERABLES

1. Participants will understand how Threat Assessment is unique in a campus environment, and how Threat Assessment differs across different types of campuses, especially community colleges
2. Participants will learn the value of and process for establishing an individual's baseline of behaviors
3. Participants will learn how to identify patterns and track the trajectory of pattern deviation
4. Participants will learn how to use the NaBITA Threat Assessment tool
5. Participants will apply the NaBITA tool successfully to a series of case studies

INTENDED PARTICIPANTS

• Student Affairs Administrators,
• Judicial (Student Conduct) Administrators,
• University Legal Counsel,
• Risk Managers,
• Human Resources Staff
• Disability Services Personnel
• Residential Life Administrators,
• Campus Law Enforcement,
• Student Activities and Student Development Staff
• Facilities Management Staff
• Faculty
• Counseling Services Personnel
• Health Services Staff
• Campus Crisis Response Teams, CISDT, and Behavioral Intervention Teams

PRESENTER

Brett. A. Sokolow, Esq. is the President of NCHERM (www.ncherm.org), a national multidisciplinary consulting firm dedicated to helping colleges and universities manage risk by advancing student health and safety. NCHERM serves 20 campuses as outside counsel/advisor, and serves as a consultant to hundreds of other colleges and universities. Sokolow is the author of ten books and more than fifty articles on student affairs law and policy topics. He is the Editor Emeritus of the Report on Campus Safety and Student Development. He serves on the Board of Trustees of the Council on Law in Higher Education (CLHE). Mr. Sokolow is on the Directorate Body of ACPA’s Commission on Student Conduct and Legal Issues. He has recently co-authored, “A Model Approach to Behavioral Intervention and Threat Assessment,” and co-authored an article for the Journal of College and University Law, “College and University Liability for Violent Campus Attacks” (April 2008). Sokolow is one of the founders of NaBITA, the National Behavioral Intervention Team Association (www.nabita.org). This membership association is dedicated to the support and professional development of campus, corporate and school behavioral intervention teams and models.

COST AND ATTENDANCE

NaBITA member rates are $199 per person. This includes Basic, Standard, Enhanced and Charter members.

Non-member attendee rates are $219 per person.

TRAVEL INFORMATION

Please click here for driving directions to The University of Miami Coral Gables Campus. 

A campus map can be found here.

For attendees who require accomodations, the Holiday Inn Miami Coral Gables-University is directly across from campus.

REGISTRATION

Registration deadline is Wednesday, October 20th.

To register online for the Seminar, please click here.

To download the .pdf registration form to pay by cheque, click here.

For more information or to pay by Purchase Order, contact Samantha Dutill, NaBITA Associate Executive Director at: 610-993-0229 or by email at: Samantha@nabita.org.

Red Flags Rule Compliance Training
An NCHERM Regional Seminar presented by Saundra K. Schuster, Esq.

Friday, October 29, 2010
10:00am to 1:00pm

Hosted by Columbus State Community College
Columbus, OH

THE RED FLAGS RULE COMPLIANCE DEADLINE IS FAST APPROACHING!!

IN 2008 ALONE….

The number of identity fraud victims rose by 22% to 9.9 million

7.5% of Americans were victims of financial fraud

The amount of annual identity theft fraud was $48 Billion

At the current pace, one of every five Americans will have his or her identity stolen this year!

As a result of this costly and growing crisis, the Federal Trade Commission created a set of rules to mandate the detection, prevention and mitigation of identity theft. Although the law went into effect in 2008, the FTC has delayed compliance requirements for higher education because many institutions were unaware that this law applies to them. IT DOES APPLY TO US!

The Rule requires that each qualifying institution create an identity theft program; identify which offices and individuals are responsible for implementing and maintaining the plan; develop and deliver a training program for the identified offices and employees and all new hires; obtain Board approval of the Program.
The Federal Trade Commission will respond to all reports of identity theft and will review an institution’s policy at that time to ensure compliance. The Commission has the authority to issue fines of up to $1,500 for each consumer file for which an identity theft breach occurs. Their determination of the level of fine will be based on the degree to which the institution has complied with the policy creation and training requirements. Therefore, training off all employees designated as custodians of personal identity for employees, students or constituents is a requirement of the law.

PRESENTERS

Saundra K. “Saunie” Schuster, Esq. is a partner with the National Center for Higher Education Risk Management. She was formerly General Counsel for Sinclair Community College in Dayton, Ohio. She previously held the position of Senior Assistant Attorney General for the State of Ohio in the Higher Education Section, and as Associate General Counsel for the University of Toledo. Prior to practicing law, Saunie served as the Associate Dean of Students at The Ohio State University. Saunie has more than twenty-five years of experience in college administration and teaching. She frequently presents nationally on legal issues in higher education. She holds Masters degrees in counseling and higher education administration from Miami University, completed her coursework for her Ph.D. at Ohio State University, and was awarded her juris doctorate degree from the Moritz College of Law, The Ohio State University.

R. Eugene Schuster, President of Synerg~Ed, a technology and enrollment services consulting firm, has partnered with NCHERM on the Red Flags Project. Mr. Schuster, a former president of the American Association of College and University Registrar and Admissions Officers, retired from the CIO’s office at The Ohio State University. He has over 30 years experience in higher education systems administration and development.

COST AND ATTENDANCE

Attendee rates are $139 per person.

The training will run from 10:00am to 1:00pm. Registrants are encouraged to enjoy the dining options downtown Columbus offers for lunch after the training.

LOCATION

The training will be held in the Workforce & Development Building on Columbus State Community College’s Columbus Campus:

550 East Spring Street
Columbus, OH 43215

Please click here for directions.

REGISTRATION

The registration deadline is Monday, October 25th.

To register online for the seminar, click here.

To download the .pdf registration form to pay by cheque, click here.

For more information, contact Samantha Dutill, NCHERM Client Relations Coordinator at: 610-993-0229 or by email at: Samantha@ncherm.org

Investigating Campus Sexual Misconduct

An NCHERM Regional Seminar presented by W. Scott Lewis, J.D. and Saundra K. Schuster, J.D.

Tuesday, November 2, 2010
9:00am to 5:00pm

Hosted by University of Massachusetts Lowell
Lowell, MA

For years, campuses have sought models of resolution for campus sexual misconduct complaints that provide fairness, balance, and a measure of outcome satisfaction for the participants. We’ve tried adversarial hearings. Administrative hearings. Shuttle diplomacy. Mediation. Restorative justice. And, hybrids of each of these. For the most part, we’ve failed miserably. No one is ever happy. Justice is rarely done. Truth remains elusive. At best, we have tweaked our processes to minimize secondary victimization of complainants, but adding no further harm should not be our yardstick for success. Throw in the possibility of concurrent criminal prosecution, and the potential difficulties multiply.

Why can’t we get this right?

That’s simple. We’re trying to fit campus sexual misconduct into a student conduct/discipline framework like hazing, a roommate conflict, or some similar developmental challenge. With the wrong lens, you can’t take the right picture. Campus sexual misconduct is more accurately seen not as a conduct issue, but as a civil rights discrimination. When viewed through a civil rights and discrimination lens, the answer has been right there in front of our eyes for a long time. We resolve sexual harassment with an investigation model. We always have. And, very few people gripe about the process because it works. It’s humane, effective, efficient and can be integrated with relative ease into our current hearing and resolution models. We need to take a page from HR, and create a civil rights investigation model for addressing campus sexual misconduct. Civil rights investigation is not police-led investigation, and it is not the same as investigating a student conduct violation. It is a very specific, highly specialized skill-set. But, where do you to get the training you need in how to develop, implement and operate a civil rights investigation model for campus sexual misconduct? This event is designed for you.

INTENDED AUDIENCE

This training will benefit you, whether you work in student affairs or student conduct and need a new model, or work in campus law enforcement or HR, and need to sharpen your civil investigation skills. In fact, anyone investigating any type of civil rights complaint will benefit from this training, including those investigating hate crimes, gender bias, racial, religious, ethic, and other discriminatory acts against any group or protected class. Prosecutors, sex crimes investigators, magistrates, victim advocates and judges are welcome too. Criminal justice authorities will gain insight into the campus process as well as picking up some investigation tips. Importantly, we’ll address the confluence of campus, civil and criminal processes, legal obligations that attach, and how we can all do our jobs cooperatively and collaboratively without obstructing each other.

AGENDA

9:00am – 10:15am -- A New Paradigm

• Comparative Resolution Models: Strengths and Weaknesses
  o Adversarial/formal hearing models
  o Informal hearing models
  o Administrative hearings
  o Critical Issues Boards/Sexual Misconduct Boards
  o Mediation
  o Shuttle diplomacy
  o Restorative justice
• Meeting the aims of fairness, education, community protection, remedy and healing
• Introduction to the Civil Rights Paradigm

10:30am to noon -- The Civil Rights Investigation Model – Best Practices

• Who investigates?
  o The investigation team model
  o HR/Student conduct jurisdictional intersection issues
• Active v. passive accumulation of evidence
• Identification of witnesses
  o Character witnesses
  o Primary witnesses
  o Secondary witnesses
  o Expert witnesses
• Strategic investigation
  o When to charge?
  o When to question witnesses?
  o When to question the respondent?
• Investigation best practices
  o Questioning
  o Recordkeeping
  o Documentation
  o Timeline
  o Feeling the flow of evidence
     Flowcharting
     Identifying patterns
     Credibility issues

Noon to 1:00pm – Lunch

1:00pm to 2:30pm – Investigation Model Best Practices, Continued

• The Investigation Report
  o Summarize your findings
  o Tell a story and note gaps
  o Make a finding on the question of policy violation, if the evidence suggests one
  o Share your findings
• The Role of the Investigator
  o In the hearing
  o In sanctioning
  o In remedial proceedings
• Hearing models and the Investigator
  o Role as witness
  o Influence on evidence
  o Questioning
  o Lying by witnesses
• The Investigation Model and Restorative Justice

2:45pm to 5:00pm – Mock Investigation

• Using a case study, participants will:
  o Uncover evidence
  o Follow the trail
  o Question witnesses
  o Conduct policy analysis
  o Make a finding

DELIVERABLES

Attendees will receive a copy of the NCHERM Model Campus Sexual Misconduct Response Protocol

PRESENTERS

W. Scott Lewis, J.D. is a partner with the National Center for Higher Education Risk Management and Associate General Counsel for Saint Mary’s College in Indiana. He recently served as the Assistant Vice Provost at the University of South Carolina. Scott brings over fifteen years of experience as a student affairs administrator, faculty member, and consultant in higher education. He is a frequent keynote and plenary speaker, nationally recognized for his work on behavioral intervention for students in crisis and distress. He is noted as well for his work in the area of classroom management and dealing with disruptive students. He presents regularly throughout the country, assisting colleges and universities with legal, judicial, and risk management issues, as well as policy development and implementation. He serves as an author and editor in a number of areas including legal issues in higher education, campus safety and student development, campus conduct board training, and other higher education issues. He is a member of NASPA, ACPA, CAI, SCCPA, and serves on the Board of Directors for ASCA as its President. He did his undergraduate work in Psychology and his graduate work in Higher Education Administration at Texas A&M University and received his Law degree and mediation training from the University of Houston.

Saundra K. Schuster, J.D. is a partner with the National Center for Higher Education Risk Management. She was formerly General Counsel for Sinclair Community College in Dayton, Ohio. Ms. Schuster is a recognized expert in preventive law for education, notably in the fields of Sexual Misconduct, First Amendment, Risk Management, Student Discipline, Campus Conduct, Intellectual Property and Employment Issues. She previously held the position of Senior Assistant Attorney General for the State of Ohio in the Higher Education Section, and as Associate General Counsel for the University of Toledo. Prior to practicing law, Saunie served as the Associate Dean of Students at The Ohio State University. Saunie has more than twenty-five years of experience in college administration and teaching. She frequently presents nationally on legal issues in higher education. Ms. Schuster holds Masters degrees in counseling and higher education administration from Miami University, completed her coursework for her Ph.D. at Ohio State University, and was awarded her juris doctorate degree from the Moritz College of Law, The Ohio State University. She is the president-elect of the National Behavioral Intervention Team Association (www.nabita.org).

COST AND ATTENDANCE

Individual attendee rates are $299 per person, or 2 for $499.

Each day will run from 9am to 5pm. A continental breakfast will be provided, as will an afternoon sugar/caffeine snack. Lunch will be on your own (either at the on-site dining hall, or at nearby restaurants).

TRAVEL INFORMATION

The Institute will be held at the UMass Lowell Inn & Conference Center, 50 Warren Street, Lowell, MA 01852.

For more information, please click here to visit the ICC website.

Hotel rooms can be reserved under the block rate. More information on hotel block coming soon!

REGISTRATION

Registration deadline is Friday, October 29th.

To register online for the Institute, click here.

To download the .pdf registration form to pay by cheque, click here.

For more information, contact Samantha Dutill, NCHERM Client Relations Coordinator at: 610-993-0229 or by email at: Samantha@ncherm.org

Investigating Campus Sexual Misconduct

An NCHERM Regional Seminar presented by Brett A. Sokolow, J.D., W. Scott Lewis, J.D. and Saundra K. Schuster, J.D.

Tuesday, November 9, 2010
9:00am to 5:00pm

Hosted by Pacific Lutheran University
Tacoma, WA

For years, campuses have sought models of resolution for campus sexual misconduct complaints that provide fairness, balance, and a measure of outcome satisfaction for the participants. We’ve tried adversarial hearings. Administrative hearings. Shuttle diplomacy. Mediation. Restorative justice. And, hybrids of each of these. For the most part, we’ve failed miserably. No one is ever happy. Justice is rarely done. Truth remains elusive. At best, we have tweaked our processes to minimize secondary victimization of complainants, but adding no further harm should not be our yardstick for success. Throw in the possibility of concurrent criminal prosecution, and the potential difficulties multiply.

Why can’t we get this right?

That’s simple. We’re trying to fit campus sexual misconduct into a student conduct/discipline framework like hazing, a roommate conflict, or some similar developmental challenge. With the wrong lens, you can’t take the right picture. Campus sexual misconduct is more accurately seen not as a conduct issue, but as a civil rights discrimination. When viewed through a civil rights and discrimination lens, the answer has been right there in front of our eyes for a long time. We resolve sexual harassment with an investigation model. We always have. And, very few people gripe about the process because it works. It’s humane, effective, efficient and can be integrated with relative ease into our current hearing and resolution models. We need to take a page from HR, and create a civil rights investigation model for addressing campus sexual misconduct. Civil rights investigation is not police-led investigation, and it is not the same as investigating a student conduct violation. It is a very specific, highly specialized skill-set. But, where do you to get the training you need in how to develop, implement and operate a civil rights investigation model for campus sexual misconduct? This event is designed for you.

INTENDED AUDIENCE

This training will benefit you, whether you work in student affairs or student conduct and need a new model, or work in campus law enforcement or HR, and need to sharpen your civil investigation skills. In fact, anyone investigating any type of civil rights complaint will benefit from this training, including those investigating hate crimes, gender bias, racial, religious, ethic, and other discriminatory acts against any group or protected class. Prosecutors, sex crimes investigators, magistrates, victim advocates and judges are welcome too. Criminal justice authorities will gain insight into the campus process as well as picking up some investigation tips. Importantly, we’ll address the confluence of campus, civil and criminal processes, legal obligations that attach, and how we can all do our jobs cooperatively and collaboratively without obstructing each other.

AGENDA

9:00am – 10:15am -- A New Paradigm

• Comparative Resolution Models: Strengths and Weaknesses
  o Adversarial/formal hearing models
  o Informal hearing models
  o Administrative hearings
  o Critical Issues Boards/Sexual Misconduct Boards
  o Mediation
  o Shuttle diplomacy
  o Restorative justice
• Meeting the aims of fairness, education, community protection, remedy and healing
• Introduction to the Civil Rights Paradigm

10:30am to noon -- The Civil Rights Investigation Model – Best Practices

• Who investigates?
  o The investigation team model
  o HR/Student conduct jurisdictional intersection issues
• Active v. passive accumulation of evidence
• Identification of witnesses
  o Character witnesses
  o Primary witnesses
  o Secondary witnesses
  o Expert witnesses
• Strategic investigation
  o When to charge?
  o When to question witnesses?
  o When to question the respondent?
• Investigation best practices
  o Questioning
  o Recordkeeping
  o Documentation
  o Timeline
  o Feeling the flow of evidence
     Flowcharting
     Identifying patterns
     Credibility issues

Noon to 1:00pm – Lunch

1:00pm to 2:30pm – Investigation Model Best Practices, Continued

• The Investigation Report
  o Summarize your findings
  o Tell a story and note gaps
  o Make a finding on the question of policy violation, if the evidence suggests one
  o Share your findings
• The Role of the Investigator
  o In the hearing
  o In sanctioning
  o In remedial proceedings
• Hearing models and the Investigator
  o Role as witness
  o Influence on evidence
  o Questioning
  o Lying by witnesses
• The Investigation Model and Restorative Justice

2:45pm to 5:00pm – Mock Investigation

• Using a case study, participants will:
  o Uncover evidence
  o Follow the trail
  o Question witnesses
  o Conduct policy analysis
  o Make a finding

DELIVERABLES

Attendees will receive a copy of the NCHERM Model Campus Sexual Misconduct Response Protocol

PRESENTERS

Brett A. Sokolow, J.D. is a higher education attorney who specializes in high-risk campus health and safety issues. He is recognized as a national leader on campus sexual violence prevention, response and remediation. He is legal counsel to sixteen colleges, and is the founder and managing partner of the National Center for Higher Education Risk Management. Brett frequently serves as an expert witness on sexual assault and harassment cases, and he has authored ten books and more than 50 articles on campus safety and sexual assault. He has consulted with more than 1,400 college campuses. He has provided strategic prevention programs to students at more than 1,800 college and university campuses on sexual misconduct and alcohol. He has authored the conduct codes of more than fifty colleges and universities. The NCHERM Model Sexual Misconduct policy serves as the basis for policies at hundreds of colleges and universities across the country. NCHERM has trained the members of more than 400 conduct hearing boards at colleges and universities in North America. He serves as the 2009-2010 president of NaBITA, the National Behavioral Intervention Team Association (www.nabita.org), and is a Directorate Body member of the ACPA Commission on Student Conduct and Legal Issues. He is a graduate of the College of William and Mary and the Villanova University School of Law.

W. Scott Lewis, J.D. is a partner with the National Center for Higher Education Risk Management and Associate General Counsel for Saint Mary’s College in Indiana. He recently served as the Assistant Vice Provost at the University of South Carolina. Scott brings over fifteen years of experience as a student affairs administrator, faculty member, and consultant in higher education. He is a frequent keynote and plenary speaker, nationally recognized for his work on behavioral intervention for students in crisis and distress. He is noted as well for his work in the area of classroom management and dealing with disruptive students. He presents regularly throughout the country, assisting colleges and universities with legal, judicial, and risk management issues, as well as policy development and implementation. He serves as an author and editor in a number of areas including legal issues in higher education, campus safety and student development, campus conduct board training, and other higher education issues. He is a member of NASPA, ACPA, CAI, SCCPA, and serves on the Board of Directors for ASCA as its President. He did his undergraduate work in Psychology and his graduate work in Higher Education Administration at Texas A&M University and received his Law degree and mediation training from the University of Houston.

Saundra K. Schuster, J.D. is a partner with the National Center for Higher Education Risk Management. She was formerly General Counsel for Sinclair Community College in Dayton, Ohio. Ms. Schuster is a recognized expert in preventive law for education, notably in the fields of Sexual Misconduct, First Amendment, Risk Management, Student Discipline, Campus Conduct, Intellectual Property and Employment Issues. She previously held the position of Senior Assistant Attorney General for the State of Ohio in the Higher Education Section, and as Associate General Counsel for the University of Toledo. Prior to practicing law, Saunie served as the Associate Dean of Students at The Ohio State University. Saunie has more than twenty-five years of experience in college administration and teaching. She frequently presents nationally on legal issues in higher education. Ms. Schuster holds Masters degrees in counseling and higher education administration from Miami University, completed her coursework for her Ph.D. at Ohio State University, and was awarded her juris doctorate degree from the Moritz College of Law, The Ohio State University. She is the president-elect of the National Behavioral Intervention Team Association (www.nabita.org).

COST AND ATTENDANCE

Individual attendee rates are $299 per person, or 2 for $499.

Each day will run from 9am to 5pm. Lunch will be served on site, as will an afternoon sugar/caffeine snack.

TRAVEL INFORMATION

Coming soon!

REGISTRATION

Registration deadline is Tuesday, November 2nd.

To register online for the Institute, click here.

To download the .pdf registration form to pay by cheque, click here.

For more information, contact Samantha Dutill, NCHERM Client Relations Coordinator at: 610-993-0229 or by email at: Samantha@ncherm.org

Investigating Campus Sexual Misconduct

An NCHERM Regional Seminar presented by Brett A. Sokolow, J.D., W. Scott Lewis, J.D. and Saundra K. Schuster, J.D.

Monday, November 15, 2010
9:00am to 5:00pm

Hosted by University of Colorado at Boulder
Boulder, CO

For years, campuses have sought models of resolution for campus sexual misconduct complaints that provide fairness, balance, and a measure of outcome satisfaction for the participants. We’ve tried adversarial hearings. Administrative hearings. Shuttle diplomacy. Mediation. Restorative justice. And, hybrids of each of these. For the most part, we’ve failed miserably. No one is ever happy. Justice is rarely done. Truth remains elusive. At best, we have tweaked our processes to minimize secondary victimization of complainants, but adding no further harm should not be our yardstick for success. Throw in the possibility of concurrent criminal prosecution, and the potential difficulties multiply.

Why can’t we get this right?

That’s simple. We’re trying to fit campus sexual misconduct into a student conduct/discipline framework like hazing, a roommate conflict, or some similar developmental challenge. With the wrong lens, you can’t take the right picture. Campus sexual misconduct is more accurately seen not as a conduct issue, but as a civil rights discrimination. When viewed through a civil rights and discrimination lens, the answer has been right there in front of our eyes for a long time. We resolve sexual harassment with an investigation model. We always have. And, very few people gripe about the process because it works. It’s humane, effective, efficient and can be integrated with relative ease into our current hearing and resolution models. We need to take a page from HR, and create a civil rights investigation model for addressing campus sexual misconduct. Civil rights investigation is not police-led investigation, and it is not the same as investigating a student conduct violation. It is a very specific, highly specialized skill-set. But, where do you to get the training you need in how to develop, implement and operate a civil rights investigation model for campus sexual misconduct? This event is designed for you.

INTENDED AUDIENCE

This training will benefit you, whether you work in student affairs or student conduct and need a new model, or work in campus law enforcement or HR, and need to sharpen your civil investigation skills. In fact, anyone investigating any type of civil rights complaint will benefit from this training, including those investigating hate crimes, gender bias, racial, religious, ethic, and other discriminatory acts against any group or protected class. Prosecutors, sex crimes investigators, magistrates, victim advocates and judges are welcome too. Criminal justice authorities will gain insight into the campus process as well as picking up some investigation tips. Importantly, we’ll address the confluence of campus, civil and criminal processes, legal obligations that attach, and how we can all do our jobs cooperatively and collaboratively without obstructing each other.

AGENDA

9:00am – 10:15am -- A New Paradigm

• Comparative Resolution Models: Strengths and Weaknesses
  o Adversarial/formal hearing models
  o Informal hearing models
  o Administrative hearings
  o Critical Issues Boards/Sexual Misconduct Boards
  o Mediation
  o Shuttle diplomacy
  o Restorative justice
• Meeting the aims of fairness, education, community protection, remedy and healing
• Introduction to the Civil Rights Paradigm

10:30am to noon -- The Civil Rights Investigation Model – Best Practices

• Who investigates?
  o The investigation team model
  o HR/Student conduct jurisdictional intersection issues
• Active v. passive accumulation of evidence
• Identification of witnesses
  o Character witnesses
  o Primary witnesses
  o Secondary witnesses
  o Expert witnesses
• Strategic investigation
  o When to charge?
  o When to question witnesses?
  o When to question the respondent?
• Investigation best practices
  o Questioning
  o Recordkeeping
  o Documentation
  o Timeline
  o Feeling the flow of evidence
    Flowcharting
    Identifying patterns
    Credibility issues

Noon to 1:00pm – Lunch

1:00pm to 2:30pm – Investigation Model Best Practices, Continued

• The Investigation Report
  o Summarize your findings
  o Tell a story and note gaps
  o Make a finding on the question of policy violation, if the evidence suggests one
  o Share your findings
• The Role of the Investigator
  o In the hearing
  o In sanctioning
  o In remedial proceedings
• Hearing models and the Investigator
  o Role as witness
  o Influence on evidence
  o Questioning
  o Lying by witnesses
• The Investigation Model and Restorative Justice

2:45pm to 5:00pm – Mock Investigation

• Using a case study, participants will:
  o Uncover evidence
  o Follow the trail
  o Question witnesses
  o Conduct policy analysis
  o Make a finding

DELIVERABLES

Attendees will receive a copy of the NCHERM Model Campus Sexual Misconduct Response Protocol

PRESENTERS

Brett A. Sokolow, J.D. is a higher education attorney who specializes in high-risk campus health and safety issues. He is recognized as a national leader on campus sexual violence prevention, response and remediation. He is legal counsel to sixteen colleges, and is the founder and managing partner of the National Center for Higher Education Risk Management. Brett frequently serves as an expert witness on sexual assault and harassment cases, and he has authored ten books and more than 50 articles on campus safety and sexual assault. He has consulted with more than 1,400 college campuses. He has provided strategic prevention programs to students at more than 1,800 college and university campuses on sexual misconduct and alcohol. He has authored the conduct codes of more than fifty colleges and universities. The NCHERM Model Sexual Misconduct policy serves as the basis for policies at hundreds of colleges and universities across the country. NCHERM has trained the members of more than 400 conduct hearing boards at colleges and universities in North America. He serves as the 2009-2010 president of NaBITA, the National Behavioral Intervention Team Association (www.nabita.org), and is a Directorate Body member of the ACPA Commission on Student Conduct and Legal Issues. He is a graduate of the College of William and Mary and the Villanova University School of Law.

W. Scott Lewis, J.D. is a partner with the National Center for Higher Education Risk Management and Associate General Counsel for Saint Mary’s College in Indiana. He recently served as the Assistant Vice Provost at the University of South Carolina. Scott brings over fifteen years of experience as a student affairs administrator, faculty member, and consultant in higher education. He is a frequent keynote and plenary speaker, nationally recognized for his work on behavioral intervention for students in crisis and distress. He is noted as well for his work in the area of classroom management and dealing with disruptive students. He presents regularly throughout the country, assisting colleges and universities with legal, judicial, and risk management issues, as well as policy development and implementation. He serves as an author and editor in a number of areas including legal issues in higher education, campus safety and student development, campus conduct board training, and other higher education issues. He is a member of NASPA, ACPA, CAI, SCCPA, and serves on the Board of Directors for ASCA as its President. He did his undergraduate work in Psychology and his graduate work in Higher Education Administration at Texas A&M University and received his Law degree and mediation training from the University of Houston.

Saundra K. Schuster, J.D. is a partner with the National Center for Higher Education Risk Management. She was formerly General Counsel for Sinclair Community College in Dayton, Ohio. Ms. Schuster is a recognized expert in preventive law for education, notably in the fields of Sexual Misconduct, First Amendment, Risk Management, Student Discipline, Campus Conduct, Intellectual Property and Employment Issues. She previously held the position of Senior Assistant Attorney General for the State of Ohio in the Higher Education Section, and as Associate General Counsel for the University of Toledo. Prior to practicing law, Saunie served as the Associate Dean of Students at The Ohio State University. Saunie has more than twenty-five years of experience in college administration and teaching. She frequently presents nationally on legal issues in higher education. Ms. Schuster holds Masters degrees in counseling and higher education administration from Miami University, completed her coursework for her Ph.D. at Ohio State University, and was awarded her juris doctorate degree from the Moritz College of Law, The Ohio State University. She is the president-elect of the National Behavioral Intervention Team Association (www.nabita.org).

COST AND ATTENDANCE

Individual attendee rates are $299 per person, or 2 for $499.

Each day will run from 9am to 5pm. University of Colorado at Boulder will provide a continental breakfast and afternoon snack break.  Lunch is on your own on campus or nearby Boulder eateries.

TRAVEL INFORMATION

HOTEL OPTIONS

Boulder Outlook Hotel -- located across the street from campus

800 28th Street
Boulder, Colorado 8030

800-542-0304 or 303-443-3322

http://www.boulderoutlookhotel.com/index.html

Rates start at $74/night.  Please mention the NCHERM-CU conference when making reservations.

Click here for a list of other Boulder hotels, motels, and B&Bs

REGISTRATION

Registration deadline is Monday, November 8th.

To register online for the Institute, click here.

To download the .pdf registration form to pay by cheque, click here.

For more information, contact Samantha Dutill, NCHERM Client Relations Coordinator at: 610-993-0229 or by email at: Samantha@ncherm.org

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