More Lessons Learned from Title IX Live Hearings (Part II)

By Brett A. Sokolow, J.D., Chair of the Board, TNG; President, ATIXA Last October, I wrote a column on what my colleagues and I at TNG Consulting had learned from serving as hearing decision-makers in our first fifteen live hearings under Title IX. Since then, we’ve facilitated many more hearings and learned many more lessons. […]

What Do Title IX Offices Need to Know Now That Yik Yak is Back?

By Brett A. Sokolow, Esq., Chair, TNG Consulting LLC and President, ATIXA Another scourge is upon the education field … someone is bringing Yik Yak back. The Chronicle of Higher Education just did a nice analysis on the reinvigorated app, here, for background. For those of you not in the field before 2017, you may not be familiar with […]

Tales of Title IX: Benefits of an Investigator Who’s Also a Subject Matter Expert

The field is awash in investigators of all kinds. I assume many of them are expert investigators, but who knows? What’s rare, though, is an investigator who’s also a subject matter expert (SME) on the topic they’re investigating. You can investigate race discrimination when you’re not an SME on racism.  You can investigate sexual harassment […]

Criteria for Evaluating Your External Title IX Investigation Provider

Dear Brett: My school needs an external civil rights investigation. We received quotes from a number of firms, and the per-hour cost varied by more than $200 over the various provider quotes. Can you help us understand why there is so much variability in the hourly price range? Dear School: Thanks for asking. Over the […]

Cross-Examination as a Procedural Due Process Right for Respondents

Messeri v. University of Colorado at Boulder, No. 1:18-cv-02658-WJM-SKC Summary of facts: In 2016, Jane Doe and Messeri met on the campus of the University of Colorado at Boulder where Messeri was enrolled. One night, while in Messeri’s room, Doe performed oral sex on him. Two days later Doe reported to the University of Colorado […]

Daniel C. Swinton, J.D., Ed.D.

Daniel Swinton is a Partner and Chief Consulting Officer with TNG and on the Advisory Board of NABITA (National Association for Behavioral Intervention and Threat Assessment). He has also served as both President and Vice President of ATIXA and on the Board for the Association for Student Conduct Administration (ASCA), having served as its President in 2011-2012. Swinton serves […]

W. Scott Lewis, J.D.

W. Scott Lewis, J.D. is a Managing Partner with TNG, Chair of the NABITA Advisory Board, and a co-founder and advisory board member of ATIXA. In 2009, Scott co-founded NABITA and was president of ASCA. Scott serves frequently as a third-party neutral hearing advisor and decision-maker for TNG clients for sexual misconduct, discrimination, and Title […]

Brett A. Sokolow, J.D.

TNG Consulting LLC is the risk management touchstone for thousands of schools, colleges, universities, and workplaces across the country. Since 2000, TNG, along with membership organizations the National Association for Behavioral Intervention and Threat Assessment (NABITA) and the Association of Title IX Administrators (ATIXA), has been dedicated to empowering schools, colleges, workplaces, and organizations to […]

Do the Interests of Justice Outweigh a Patient’s Right to Confidentiality?

Doe v. Syracuse University, 2020 WL 1443023 (N.D. NY 2020) Introduction: Recently, courts in the Second Circuit have rendered some influential decisions related to Title IX liability in a number of areas, including investigation, resolution,and training. This case is another potential gamechanger. Moving forward, colleges and universities will need to reevaluate the dual roles many […]