The proposed Title IX regulations were issued in June 2022 and include similar training requirements as the current regulations. As institutions wait for the proposed rules to become finalized, institutions must ensure adherence to the current regulations until the proposed regulations become permanent. A key piece of this compliance comes in the form of training – for Title IX coordinators, Title IX investigators, and Title IX decision makers, as outlined in the previous administration’s regulations. The proposed regulations issued in June 2022 include additional training requirements for those involved in implementing informal resolutions processes in Title IX cases. Campuses are already implementing a wide variety of informal processes and the proposed regulations indicate that institutions must provide proper training to use informal systems in Title IX matters.
How should campuses ensure fair processes for both parties when utilizing informal resolution in Title IX cases? Who should be responsible for conducting informal resolution options and what skills do these personnel need? What options do institutions have to deliver informal resolution? What are the potential benefits and challenges with different forms of informal resolution? What are the promising practices, and practices to avoid? This 8-hour training includes three asynchronous video modules and one 4-hour live synchronous session where participants will participate in informal resolution practice sessions with realistic scenarios to develop core informal resolution skills.
Join Peter Lake and Kristine Goodwin to explore these and other issues related to conducting informal resolution in Title IX cases. Peter Lake is a higher education law and policy expert and past professor of alternative dispute resolution. Kristine Goodwin is a former higher education administrator and trained mediator, to explore these and other issues. This eight-hour training includes three asyncronous video modules and one four-hour live required synchronous session where participants will participate in informal resolution practice sessions with realistic scenarios to develop core informal resolution skills.
Video modules must be viewed in sequence and attendees must demonstrate competency on each module's assessment before moving on to the next module. All three video modules must be viewed before the live session. Attendance at the live session is mandatory in order to complete the certificate. Due to the interactive nature of the live session, it will not be recorded.
Purchasing this Informal Resolution training provides limited access to pre-recorded videos and live sessions in addition to training materials - PowerPoint slides and handouts, if any. Training participants shall ask, and NASPA will grant, permission to post the copyrighted materials - PowerPoint slides and handouts, if any - to their institution's website in accordance with 34 C.F.R. § 106.45(b)(10)(i)(D).
The course completion deadline for the certificate is Wednesday, October 25th.
Upon completion of this certificate program, participants will be provided with a certificate indicating they have demonstrated the following:
- Understand the new requirements within the Title IX proposed regulations (issued June 2022) by the Department of Education, specific to informal resolutions processes.
- Identify the types of informal resolution procedures allowable under the proposed Title IX regulations.
- Compose policies, practices, and procedures for informal resolutions that comply with the current, and proposed, regulations.
Informal Resolution Topics
This training is designed for any higher education professionals who will be responsible for conducting any type of informal resolution process related to sexual misconduct, dating/domestic violence or stalking conduct violations on campus. This training covers the requirements under the new regulations for informal resolution proceedings; an overview of informal resolution options; and the development of policies, procedures, and practices for informal resolutions that are compliant with the new regulations.
Duration: 8 hours
Audience: Title IX Coordinators, Title IX staff, conduct staff or other higher education professionals charged with informal resolutions processes
Format: Video Modules and Live Sessions
See below for details on modules and live virtual sessions dates and times.
Introduction and Overview (1 hour)
- What are the regulatory requirements regarding “informal resolution” under Title IX?
- What types of informal resolution exist? What are the range of options available to institutions?
- Who can implement informal resolutions on your campus?
- When is it inappropriate to use informal resolution processes?
- Who are “impacted Individuals” under Title IX?
- How do informal processes support culture and climate work on campus?
- How do informal processes relate to other, more formalized processes such as bias and incident response processes?
- What type of training and skills do informal resolution tasked personnel need?
- Title IX’s definition of “sexual harassment”
- Scope of the school’s education program or activity
- How to serve impartially, including by avoiding prejudgment of the facts at issue
- How to avoid conflicts of interest and bias
- Desirable skills and knowledge bases
- Potentially certified skills or skills that involve extensive additional training
- Budget impacts/size and nature of an institution
- Intersections with Advisors, Investigators and Decision-makers
- Lessons learning from analogous fields
Developing Informal Processes for Your Campus (1 hour)
A Closer Look at Specific Ways to Facilitate Effective Informal Resolutions
- Educational Conferences
- Mediation (Neutral, Facilitative, Collaborative)
- Med-Arb (Mediation and Arbitration, Non-Binding Arbitration)
- Restorative Justice
Developing and Planning an Informal Process
- How will you identify your process(es)?
- What are the goals and desirable outcomes associated with your informal process(es)?
- What forms will you choose?
- Who will facilitate the development of new or existing informal process(es)?
- Who will participate in informal process?
- What will you handle in-house and what might, or benefit from, the assistance of external assistance?
- What legal considerations exist?
Foundational Basics for Facilitating Resolutions (2 hours)
- Understanding the Conflict(s)
- Defining Points of Agreement and Dispute
- Identifying Objective Standards and Interests
- Creating Options
- Developing a Resolution, including an Agreement
- “Break downs”—when informal resolution fails to reach resolution
- Re-entering Formal Process
- Managing “New” Information—warnings and other related issues
- Confidentiality Issues
- Monitoring Informal Resolutions/Planning for Potential Issues Post-Resolution
- Managing No-Contact Orders/Agreements
- Case Management Functions, if any
- Options for Self-help, Reporting and/or Enforcement
- Returning to Informal Resolution
Live Virtual Session
Live Virtual Session (4 hours)
Participants MUST view all of the recorded sessions prior to attending the live virtual session. Each participant MUST attend the live virtual session on the date and time listed below. Information on how to access the live session will be e-mailed to participants in the week before the live session dates occur. The live session are mandatory in order to complete the certificate and will not be recorded, as attendance at the live session is mandatory to complete the certificate.
- Quick review of the concepts in the video module
- Case studies/tabletop exercises in small groups
- Practice Techniques: Mediation (Neutral, Facilitative, Collaborative); Restorative Justice Session; Educational Conferences; Med-Arb (Mediation and Arbitration)
- Q&A with participants
Live session (mandatory):
- Live session - Wednesday, October 18th from 1:00 – 5:00 pm ET
Register Online for Title IX Certificate Program: Informal Resolution Fall 2023
NASPA individual members and Voting Delegates have access to member pricing for all NASPA events. If you are not a NASPA individual member, please visit our membership section to learn more about membership types and benefits. In many cases, an annual NASPA membership plus the event member registration fee are still less than the event non-member registration fee. We hope you’ll consider joining today!
Register here for the Informal Resolution Certificate. The recorded modules for the informal resolution certificate program will be available online beginning September 27, 2023.
Register four, or more, individuals from the same institution, and receive a 20% discount off the total registration amount! Registrants must be currently employed at the same institution. Discount may ony apply at the time of a group registration, and is not retroactive. The discount rate is applied to the individual member/non-member rate (registration rates are based on individual, not institutional, memberships). For assistance in accessing this discount, please contact Jill Dunlap, Senior Director of Research, Policy, and Civic Engagement with the names and titles of all registrants to be included in the discounted team registration. The registration deadline is October 11, 2023.
Title IX Certificate Participant Discount:
Anyone who wishes to register for the Informal Resolutions certificate, who has successfully completed any of the three tracks within the Title IX Certificate program are eligible for a 10% discount for this certificate program. For assistance in accessing this discount, please contact Jill Dunlap, Senior Director of Research, Policy, and Civic Engagement with the names and titles of all registrants to be included in the discounted team registration. The registration deadline is October 11, 2023.
Informal Resolution Certificate
NASPA Member: $549
Policies and Contact Information
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Text Captioning Support: Pre-recorded course videos will include closed captioning. You may request captioning for the live session with the online registration process. NASPA kindly requests that text captioning requests for live sessions be shared no later than the course registration deadline of October 23, 2023.