Session Three: Informal Resolutions (1 Hour)

Speakers: Robert D. Litz, J.D., James W. Reeves, J.D., L.L.M., Michael Geigerman, J.D.

This session discusses informal resolution processes, sometimes referred to as Alternative Dispute Resolution (ADR), including mediation, arbitration and restorative justice. The program covers a detailed discussion of the mediation process, including preparation before mediation, what to expect during mediation and the role of the mediator. It also covers specific requirements of 34 CFR Section 106.45(b)(9).

Session Four: Hearing Processes & Determining Relevance (1 Hour)

Speaker: Kim L. Kirn, J.D., Melvin Kennedy, J.D., M.P.A., Honorable Patricia A. Riehl

This presentation covers the hearing process under 34 CFR Section 106.45(b)6), including selection of the Decision Maker (hearing officer), pre-hearing issues and hearing procedures. The discussion also covers determining relevant evidence and cross examination of witnesses, as well as the appeal process and requirements under 34 CFR Section 106.45(b)(8).

Session Five: Risk Management & Litigation Analysis (1 Hour)

Speaker: Whitney M. Dowdy

Join us in this session as Ms. Dowdy identifies specific areas of risk under Title IX for your institution and ways to reduce that risk. She engages in a discussion on understanding your institution’s policy, procedures, and the rights and responsibilities of all parties, as well as best practices to implement. She also examines current case law and discuss trends in Title IX litigation to help you avoid similar outcomes.

Session Six: Strategies for Establishing Rapport & Optimizing Interviews (1 Hour, 20 Minutes)

Speakers: Isaac A. (Ron) Bratcher III & Thomas A. Denton, Jr.

Experienced investigators address techniques for establishing rapport with parties and other interview skills to help investigators optimize information developed during interviews while treating complainants, respondents, and witnesses with respect. Topics include the role of advisors, working as an investigative team, the significance of school policy, gathering electronic evidence, recognizing and addressing conflicts of interest and potential implicit and explicit biases, and cyber interviews.

Session Seven: Mock Mediation (1 hour)

Facilitators: Kenneth M. Chackes, J.D., and Michael S. Geigerman, J.D.

Observe a Title IX mediation involving a complainant, respondent, and school representative, each accompanied by their advisors. Throughout the mock mediation, the participants step out of their roles to explain and critique the mediation process and provide advice to assist viewers in understanding how the mediation process may be beneficial in addressing Title IX cases on their campuses.

Session Eight: Role-Playing Scenarios with Professional Investigators (1 Hour)

Facilitators: Isaac A. (Ron) Bratcher III & Thomas A. Denton, Jr.

Walk through interviews of a complainant and respondent with two experienced law enforcement investigators as they demonstrate various techniques and skills discussed during this two-day program. These instructors not only conduct the interview but also step out of their roles to discuss the approaches, techniques, and goals of effective interviews with program participants.

Session Nine: Mock Hearing (1 Hour)

Facilitator: Judge Michael T. Jamison

An experienced trial court judge and mediator serves as the decision-maker in this mock hearing, which includes a complainant and respondent with their advisors. The parties and advisors present evidence and conduct cross-examination while the decision-maker decides issues of relevance. Throughout the hearing, the parties discuss issues related to the hearing and share insights and advice with program participants.