Vanessa Kelly’s Post

Princeton University finds itself defending a Title IX and gender bias suit in the US District Court of NJ filed by a freshman male who was disciplined (2-year suspension) after Princeton's grievance process found that he had violated the University's policies, including its personal safety and alcohol policy. The underlying complaint alleged that the freshman had choked two women on two occasions a month apart. The 79-page federal complaint alleges that even though Princeton uses a "clear and pervasive standard," to review alleged policy violations, the responding student had less than a two percent chance of prevailing based on the University's data for years 2021-2022 showing 98% of the cases were resolved against the respondent in the student conduct process. The complaint contends bias on the part of the investigator and the hearing panel, as well as bias of the disciplinary process as a whole. Princeton University responded that it plans to vigorously defend the lawsuit and believes it to be without merit. It will be interesting to follow the developments in this case as it is noteworthy for its examination of whether bias is systemic and implicit in the grievance process. It is also novel as it is using using statistical evidence to prove alleged bias in an individualized case. If a hearing panel decides the allegations based on the evidence in only a specific individual case, should statistical analysis of other matters be considered? As higher education institutions consider changing policies and grievance procedures for the new Title IX regulations, amidst the several legal challenges filed by state attorney generals across the country, schools are well served to closely review fairness to all participants in the process and how they monitor and ensure that fairness remains at the center of their processes. Please feel free to reach out to Clark Hill Law's Title IX, Campus Discipline and Sports Compliance team for your Title IX and related needs. Vanessa Kelly, Maria Fracassa Dwyer, Patricia Hamill, Lorie Dakessian, Steve Stapleton. #TitleIX

Challenging times for schools receiving federal funds.

Title IX Update: Several state attorneys general, led by the AGs from New Jersey, California and Pennsylvania, have combined to file an amicus brief ("friend of the court") in several lawsuits challenging the April 19, 2024 Title IX amendments and seeking to block implementation of the new regulations scheduled for August 1, 2024. The AGs from NJ, CA and PA were joined by the those representing Colorado, Delaware, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. This combined amicus brief argues that the new regulations align with the text and judicial interpretations of Title IX. The NJ, CA and PA Attorneys General agree that sex-based harassment need not be both severe and pervasive, and that protection of LGBTQ+, pregnant and disabled students further important equal protection interests and ensuring fair treatment and access to educational programs and activities. Notably, lawsuits filed in Alabama, Kentucky, Louisiana and Texas challenge the inclusion of gender identity in the definition of sex-based discrimination. Some observers believe these lawsuits also seek to roll back the due process protections provided under current and new regulations. NJ AG Attorney General Matthew Platkin is quoted: “Enough is enough. We need policies that durably ensure fair and nondiscriminatory treatment of all students nationwide and do not change with the political winds. We’re thankful for strong federal protections for students against sex discrimination and sexual harassment, and we are proud to continue paving the way to ensure those protections remain intact.” Clark Hill's Title IX team, including Maria Fracassa Dwyer, Patricia Hamill, Lorie Dakessian, and me, will be continuing to monitor the status of these lawsuits, and to provide guidance to our institutional clients, college and university employees and students during this tumultuous time. If you missed Clark Hill Law's training on the new regulations on May 14th, keep your eyes open for a second training session to be offered virtually this summer. https://lnkd.in/gQ68hpRs

Congrats Ernesto Alvarez ! Well done and well deserved.

Forbes reports that mental health related absences were up more than 33% in year 2023, and overall increase in such absences between 2017 and 2023 by 300%. And Forbes notes that the increase is largely driven by women, where 69% of mental health leaves in 2023 were taken by women. Forbes bases its statistics on a study by ComPsych whose statistics reveal that anxiety is now the primary reason for such leaves; in the past, depression was the number one reason. Several theories abound to explain the shift, one being anxiety is more "socially acceptable" as a mental health condition; another is that organizations are more "psychologically safe" enabling employees to feel more comfortable asking for time off for this purpose and that the statistics are not really changed, just people are more open about the reason for leaves. Whatever the reason for the increase in mental health absences, it remains concerning that women are significantly more impacted, and should be concerning for employers. A report by McKinsey in 2023 about women in the workplace found that women experience more microaggressions at work than men, and this contributes to feelings of stress and anxiety at work. As an employer who cares about culture and empowering employees to thrive at work, what actionable steps can you take to improve the workplace? Forbes provides some good suggestions, including: ✔ Resource teams properly to avoid an "unsustainable" workload ✔ Encourage leaders to share own mental health journeys and vulnerabilities ✔ Normalize discussions about mental health issues ✔ Encourage care of others as part of culture From an employment lawyer's perspective, remember not to require disclosure of mental health or any medical issue. Employees are not obligated to tell you their private medical health information - voluntary sharing by an employee in a safe environment is one thing, prying is a completely different issue and can land you in hot water. Please comment below if you have additional thoughts on this topic or what to share some ideas your organization has put in place you find helpful for easing stress and anxiety in the workplace. #MentalHealthAwareness #WorkplaceMentalHealth #CreatingThrivingWorkplaces #LeavesofAbsence https://lnkd.in/g3kWf_Uc

Love this quote Maryanne Spatola, SPHR, PCC: "Leaders who use empathy as their #superpower foster a #culture of kindness where people feel seen, heard, and valued." Thank you for being vulnerable and sharing your experience as a reminder of the possible.

One more day to register. Hope to see you tomorrow, May 14 @12:30 pm (EST). Link to register is below.

Please join Maria Fracassa Dwyer and me as we tackle the new Title IX regulations on May14, 2024 at 12:30 (EST). Maria and I have years of services in the higher education sphere: providing advice and counsel to Schools' General Counsel and Title IX offices, investigations, hearing officer (neutral decision-maker) and legal representation before the Department of Education, Office of Civil Rights and federal courts. This broad experience gives us great perspectives to help you understand the new Title IX regulations and the impact for your institutions. The new regulations have mandatory training requirements and our program, which is approved for HR recertification credits, will fulfill your training obligations. Register now using the link below and join us to learn more about Title IX. We can't wait to spend time with you. Registration Link: https://lnkd.in/guEMakdz #NewTitleIX #TitleIXRegs #TitleIXTraining