The New Title IX Regulations: Understanding Risk Assessment, Threat Assessment & Emergency Removal
Understanding the requirements for institutions under the “emergency removal” provision.
Participants will understand the basics of threat assessment as they relate to the new Title IX regulation requirements.
On August 14th, 2020, The Department of Education (ED) Office for Civil Rights (OCR) expected compliance with the new Title IX federal regs by institutions that receive federal funds.
In addition to the many changes published in the new regs: in definitions; the way institutions must provide notifications to the parties; equitable interaction with parties as well as any advisors of choice during the process; conducting live hearing or hearings (K-12); and offer supportive measure to both parties before, during or after the filing of a formal complaint, to name a few. One requirement that worried many was the requirement that included an “emergency removal” when an “immediate threat” has been determined.
But what exactly does that mean? Who makes those determinations? What information should be considered? Is the Title IX team involved? Or are they required to rely solely on others to decide to remain “unbiased” and not pose a “conflict of interest?” Must a campus threat assessment team make the decision? What if the campus does not have a threat assessment team or function yet? How will the “immediate threat” determination be made?
During this presentation, the speaker will address these questions and more regarding the “emergency removal” provision under the new Title IX regs.
- Discuss regulation language specific to “emergency removal”
- Attain necessary information regarding threat teams and their function on institutions
- Learn the difference between a “risk assessment” and a “threat assessment”
- Analyze “immediate threat” requirement
- Discuss alternate ways to appropriately address the “emergency removal” requirement under Title IX
- Title IX Office
- Campus security
- Student Services/Affairs
- Counseling Administration
- Judicial Affairs/Student Conduct
- Any educator interested in learning more about Title IX and threat assessment
Beverly Baligad has been a member of the Michigan State Bar since 2004. She currently serves as the Director of Compliance/Title IX Coordinator at the University of Hawaii- West Oahu campus. Since 2005, she has worked in various areas in higher education, including but not limited to: Labor Relations, Executive leadership, Adjunct Faculty, Compliance and Title IX. She has extensive experience in the development and implementation of key
compliance areas such as training, investigations, programming/awareness events, process reviews, and case management.
She has been a consultant and trained (face to face and webinar formats) institutions across the nation in the areas of Title IX, Title IV, Behavior Intervention Teams (BITs), VAWA/Campus SaVE /Clery Act, ADA/Section 504, FERPA, EDGAR Part 86, Student Conduct, Due Process and First Amendment. She is a current member on the National Association of College and University Attorneys (NACUA), University Risk Management and Insurance Association (URMIA), Association of Threat Assessment Professionals (ATAP)- Northwest Chapter. Most recently, she co-founded the Hawaii Threat Team EDU (TTE)- a statewide multi-institutional consortium dedicated to training and collaboration on threat assessment issues across the state.
She has written protocols for, trained and implemented two entire Behavior Intervention Teams (from 2010-currently) and served as the Chair on over 500+ case assessments for those teams. She has also provided training for seven Behavior Intervention Teams, and trained hundreds of new professionals in the area of threat assessment in education.
She continues to train institutions and present nationally as a consultant.
Bio current as of March 2021.
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