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Creighton Law Review Symposium

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Creighton Law Review Symposium
50 Years of Title IX: The Crucial Role of Title IX in Creating an Inclusive, Safe, and Rigorous Education and its Protection of Educational Opportunities for Pregnant, Parenting, and At-Risk Students.

The Creighton University School of Law and Creighton Law Review present the annual Creighton Law Review Symposium. This year’s topic is 50 Years of Title IX: The Crucial Role of Title IX in Creating an Inclusive, Safe, and Rigorous Education and its Protection of Educational Opportunities for Pregnant, Parenting, and At-Risk Students. Learn about the current guidance on the accommodations and procedures afforded to students under Title IX, as well as the impacts of the proposed regulation changes from the Biden Administration on Title IX.  This program features the latest academic research and some of Omaha’s best education law and Title IX compliance attorneys, educators, and administrators.

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Designed For

Lawyers, community members, students

Provided By

Creighton University School of Law
Creighton University Office of Continuing Education


Schedule

1 p.m.
Introduction of Dean Fershee

Mckenzie Meradith
Creighton University Law Student

1:05 p.m.
Welcome

Joshua P. Fershée, JD
Dean, Creighton University School of Law

1:10 p.m.
Introduction of Keynote Speaker

Mckenzie Meradith
Creighton University Law Student

1:15 p.m.
Keynote: Title IX and Required Accommodations for Pregnant and Parenting Students

Jessica Lee, JD
Senior Staff Attorney | Director, Pregnant Scholar Initiative
University of California, Hastings College of the Law

Jessica Lee will address the history of Title IX’s protections for pregnant and parenting students and employees, and the impact it has had on gender equity in education. She will provide an overview of the current state of the law, including the obligations on universities, and rights of pregnant and parenting students. These rights will be discussed in the context of the recent SCOTUS decisions in Dobbs and Bostock and recently adopted legislation of the PUMP for Nursing Mothers Act and the Pregnant Workers Fairness Act. Lee will also address the gaps in existing law, and potential opportunities for future legal interpretation or legislation on this issue.

2:15 p.m.
Introduction of Session 1

Joseph McKechnie
Creighton University Law Student

2:20 p.m.
Session 1: Title IX and the Protections and Accommodations it Affords to Pregnant and Parenting Students and Special Education Students

Title IX has been around for many years and significantly impacts students and schools in a K-12 education all the way to a graduate education.  Much of the focus and discussion of Title IX has focused on sports equality, however, most discussions omit the protections afforded to pregnant and parenting students, and special education students.  This panel will explore many of the impacts Title IX has on pregnant and parenting students, especially in a post Dobbs world, and on special education students.  This panel will also discuss the Biden Administration’s proposed changes to Title IX’s rules and regulations and what that means for students and schools moving forward.

Moderator:
Dean Yvonnda Summers
Creighton School of Law Associate Dean of Student Affairs, Equity, Diversity and Inclusion

Presenters:
Kendra Fershee, J.D.
Professor of Law at Creighton University School of Law

Katie Wadas Thalken, EdD
Assistant Dean for Academic Affairs, School of Pharmacy and Health Professions at Creighton University

Lauren Micek Vargas, J.D.
Executive Director of the Education Rights Counsel

Panel Discussion Points

  • Kendra Fershee, J.D. will discuss Title IX – which, in part, protects pregnant and parenting students from discrimination in education – and how it was enacted just seven months before the United States Supreme Court decided Roe v. Wade, which guaranteed access to abortion throughout the United States. Kendra will discuss how now that the Supreme Court has overruled Roe v. Wade, the Title IX protections for pregnant and parenting students may be more needed than ever before. At the same time, Title IX Regulations provisions regarding pregnancy and parenting are being overhauled by the Biden Administration, making it imperative for educational institutions to assess their legal, moral, and ethical obligations to serve and support the changing needs of their students.

 

  • Katie Wadas Thalken, EdD plans to discuss what Title IX accommodations look like in practice with college students, particularly students in health sciences doctoral programs (i.e., occupational therapy, physical therapy, and pharmacy students).  Some of the accommodations Katie will discuss are accommodations during pregnancy (including how to accommodate students whose partners are delivering a baby), and accommodations post-partum (i.e., lactation needs, managing pregnancy side effects and pregnancy-related conditions resulting in bed rest, how long can a student attend remotely and whether remote options are considered “reasonable accommodations?”).  Katie will further discuss the educational and legal requirements faculty need to know, and university and national resources available to students. Finally Katie will discuss the future of Title IX, including the need for more directed guidance and resources for colleges and universities from the Office of Civil Rights and expanded federal subsidies for childcare for graduate and professional students.

 

  • Lauren Micek Vargas, J.D. will be discussing the conflicting rights and challenging opportunities presented by Title IX and Special Education in elementary and secondary schools.  There are unique interactions and barriers to compliance between Title IX, Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act when we consider sex-based discrimination against students with disabilities or perpetrated by students with disabilities. 

3:20 p.m.
Break

3:45 p.m.
Introduction of Session 2

Joseph McKechnie
Creighton University Law Student

3:55 p.m.
Session 2: Universities’ Compliance with Allegations of Student Misconduct, Discrimination, and Sexual Harassment under Title IX.

Moderator:
David Weber, J.D.
Professor of Law at Creighton University of School of Law

Presenters:
Leigh Campbell, J.D.
Partner at Baird Holm, LLP

Margaret Hershiser
Shareholder at Koley Jessen, P.C., L.L.O

Mallory Hughes, J.D.
Attorney at Berry Law Firm

Allison Taylor, MSEd
Executive Director for the Office of Title IX and Civil Rights Compliance                   

Panel Discussion Points

  • Leigh Campbell, J.D. will focus on Title IX investigations regarding sexual harassment or sexual assault, including what steps schools are required to take in conducting their investigations under the current regulations; what rights and responsibilities students have in the process; how Title IX interacts with FERPA regarding confidentiality of investigation records; the roles of advisors and hearing officers; and what will (or will not) change under the proposed Biden regulations.

 

  • Margaret Hershiser, J.D. will discuss the legal and political battle over the application of Bostock v. Clayton County to Title IX.  Bostock prohibits discrimination based on sexual orientation and gender identity.  Margaret will address one of the unintended consequences this unsettled issue has had on faculty and students; namely, lack of mandatory training on behavioral expectations, terminology, etc.

 

  • Allison Taylor, MSEd will discuss supportive measures offered in the Title IX Office.  The supportive measures are non-disciplinary, non-punitive individualized services that are offered to a complainant or a respondent at any point in the process.  Allison will also discuss another area of compliance, which is due process afforded to parties.  She plans to discuss some of the biggest changes over the past 13 years, including:  (1) the recording and transcribing of interviews with parties and witnesses rather than writing summaries of those interviews, and allowing parties to review their transcript after an interview for accuracy; (2) giving parties access to the case file ahead of the investigative report and hearing for review and comment; (3) Title IX decisions being made by a hearing board rather than a single decision maker; and (4) Parties being cross-examined in a live hearing. Allison will finally discuss the Informal Resolutions from the 2020 final rule, which allowed for more provisions with informal resolutions, and the reaction to this rule by Creighton University and its students.

 

  • Mallory Hughes, JD will discuss how the overall purpose of Title IX is to promote equality and to protect students at colleges and universities. When it comes to allegations of student misconduct, particularly those pertaining to sexual harassment or misconduct, or domestic violence, the current, national Title IX rules and regulations are designed to protect the safety of the Complainant, while also recognizing and protecting the rights of the Respondent. Often the Respondent is in a position of having to navigate the Title IX process, while also ensuring he or she does not take action or inaction in such a proceeding that could have criminal law consequences for him or her. During this panel discussion, Mallory will talk about the overlap between Title IX investigations and criminal investigations and charges, and how that dynamic may impact what she would advise a Respondent to do in a Title IX investigation and hearing.

4:55 p.m.
Closing Statements

Morgan Herchenbach
Creighton University Law Student

5 p.m.
Adjournment


Education Credit

Creighton University School of Law is an accredited sponsor of continuing legal education in the states of Nebraska and Iowa. This program has been approved for 3.5 hours of continuing legal education in Nebraska and continuing legal education is pending in Iowa.

Registration

No cost to attend.

Register for Event

Date and Time

to
Add to Calendar 20230331T130000Z 20230331T170000Z America/Chicago Creighton Law Review Symposium <p><strong>Creighton Law Review Symposium</strong><br /> 50 Years of Title IX: The Crucial Role of Title IX in Creating an Inclusive, Safe, and Rigorous Education and its Protection of Educational Opportunities for Pregnant, Parenting, and At-Risk Students.</p> <p>The Creighton University School of Law and Creighton Law Review present the annual Creighton Law Review Symposium. This year’s topic is 50 Years of Title IX: The Crucial Role of Title IX in Creating an Inclusive, Safe, and Rigorous Education and its Protection of Educational Opportunities for Pregnant, Parenting, and At-Risk Students. Learn about the current guidance on the accommodations and procedures afforded to students under Title IX, as well as the impacts of the proposed regulation changes from the Biden Administration on Title IX.&nbsp; This program features the latest academic research and some of Omaha’s best education law and Title IX compliance attorneys, educators, and administrators.</p> <h2><a href="https://choose.creighton.edu/register/?id=0bb9dd90-2f2a-419b-8d1d-04beec199c3d" target="_blank">Sign Up</a></h2> <h2>Designed&nbsp;For</h2> <p>Lawyers, community members,&nbsp;students</p> <h2>Provided&nbsp;By</h2> <p>Creighton University School of Law<br /> Creighton University Office&nbsp;of&nbsp;Continuing&nbsp;Education</p> <hr /> <h2>Schedule</h2> <p><strong>1 p.m.<br /> Introduction of Dean Fershee</strong><br /> Mckenzie Meradith<br /> Creighton University Law Student</p> <p><strong>1:05 p.m.<br /> Welcome</strong><br /> Joshua P. Fershée, JD<br /> Dean, Creighton University School of Law</p> <p><strong>1:10 p.m.<br /> Introduction of Keynote Speaker</strong><br /> Mckenzie Meradith<br /> Creighton University Law Student</p> <p><strong>1:15 p.m.<br /> Keynote: Title IX and Required Accommodations for Pregnant and Parenting Students </strong><br /> Jessica Lee, JD<br /> Senior Staff Attorney | Director, Pregnant Scholar Initiative<br /> University of California, Hastings College of the Law</p> <p>Jessica Lee will address the history of Title IX’s protections for pregnant and parenting students and employees, and the impact it has had on gender equity in education. She will provide an overview of the current state of the law, including the obligations on universities, and rights of pregnant and parenting students. These rights will be discussed in the context of the recent SCOTUS decisions in Dobbs and Bostock and recently adopted legislation of the PUMP for Nursing Mothers Act and the Pregnant Workers Fairness Act. Lee will also address the gaps in existing law, and potential opportunities for future legal interpretation or legislation on this issue.</p> <p><strong>2:15 p.m.<br /> Introduction of Session 1</strong><br /> Joseph McKechnie<br /> Creighton University Law Student</p> <p><strong>2:20 p.m.<br /> Session 1: Title IX and the Protections and Accommodations it Affords to Pregnant and Parenting Students and Special Education Students </strong></p> <p>Title IX has been around for many years and significantly impacts students and schools in a K-12 education all the way to a graduate education.&nbsp; Much of the focus and discussion of Title IX has focused on sports equality, however, most discussions omit the protections afforded to pregnant and parenting students, and special education students.&nbsp; This panel will explore many of the impacts Title IX has on pregnant and parenting students, especially in a post Dobbs world, and on special education students.&nbsp; This panel will also discuss the Biden Administration’s proposed changes to Title IX’s rules and regulations and what that means for students and schools moving forward.</p> <p><strong>Moderator:</strong><br /> Dean Yvonnda Summers<br /> Creighton School of Law Associate Dean of Student Affairs, Equity, Diversity and Inclusion</p> <p><strong>Presenters:</strong><br /> Kendra Fershee, J.D.<br /> Professor of Law at Creighton University School of Law</p> <p>Katie Wadas Thalken, EdD<br /> Assistant Dean for Academic Affairs, School of Pharmacy and Health Professions at Creighton University</p> <p>Lauren Micek Vargas, J.D.<br /> Executive Director of the Education Rights Counsel</p> <p>Panel Discussion Points</p> <ul> <li>Kendra Fershee, J.D. will discuss Title IX – which, in part, protects pregnant and parenting students from discrimination in education – and how it was enacted just seven months before the United States Supreme Court decided Roe v. Wade, which guaranteed access to abortion throughout the United States. Kendra will discuss how now that the Supreme Court has overruled Roe v. Wade, the Title IX protections for pregnant and parenting students may be more needed than ever before. At the same time, Title IX Regulations provisions regarding pregnancy and parenting are being overhauled by the Biden Administration, making it imperative for educational institutions to assess their legal, moral, and ethical obligations to serve and support the changing needs of their students.</li> </ul> <p>&nbsp;</p> <ul> <li>Katie Wadas Thalken, EdD plans to discuss what Title IX accommodations look like in practice with college students, particularly students in health sciences doctoral programs (i.e., occupational therapy, physical therapy, and pharmacy students).&nbsp; Some of the accommodations Katie will discuss are accommodations during pregnancy (including how to accommodate students whose partners are delivering a baby), and accommodations post-partum (i.e., lactation needs, managing pregnancy side effects and pregnancy-related conditions resulting in bed rest, how long can a student attend remotely and whether remote options are considered “reasonable accommodations?”).&nbsp; Katie will further discuss the educational and legal requirements faculty need to know, and university and national resources available to students. Finally Katie will discuss the future of Title IX, including the need for more directed guidance and resources for colleges and universities from the Office of Civil Rights and expanded federal subsidies for childcare for graduate and professional students.</li> </ul> <p>&nbsp;</p> <ul> <li>Lauren Micek Vargas, J.D. will be discussing the conflicting rights and challenging opportunities presented by Title IX and Special Education in elementary and secondary schools.&nbsp;&nbsp;There are unique interactions and barriers to compliance between Title IX, Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act when we consider sex-based discrimination against students with disabilities or perpetrated by students with disabilities.&nbsp;</li> </ul> <p><strong>3:20 p.m.<br /> Break</strong></p> <p><strong>3:45 p.m.<br /> Introduction of Session 2</strong><br /> Joseph McKechnie<br /> Creighton University Law Student</p> <p><strong>3:55 p.m.<br /> Session 2: Universities’ Compliance with Allegations of Student Misconduct, Discrimination, and Sexual Harassment under Title IX. </strong></p> <p><strong>Moderator:</strong><br /> David Weber, J.D.<br /> Professor of Law at Creighton University of School of Law</p> <p><strong>Presenters:</strong><br /> Leigh Campbell, J.D.<br /> Partner at Baird Holm, LLP</p> <p>Margaret Hershiser<br /> Shareholder at Koley Jessen, P.C., L.L.O</p> <p>Mallory Hughes, J.D.<br /> Attorney at Berry Law Firm</p> <p>Allison Taylor, MSEd<br /> Executive Director for the Office of Title IX and Civil Rights Compliance&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</p> <p>Panel Discussion Points</p> <ul> <li>Leigh Campbell, J.D. will focus on Title IX investigations regarding sexual harassment or sexual assault, including what steps schools are required to take in conducting their investigations under the current regulations; what rights and responsibilities students have in the process; how Title IX interacts with FERPA regarding confidentiality of investigation records; the roles of advisors and hearing officers; and what will (or will not) change under the proposed Biden regulations.</li> </ul> <p>&nbsp;</p> <ul> <li>Margaret Hershiser, J.D. will discuss the legal and political battle over the application of&nbsp;Bostock v. Clayton County to Title IX.&nbsp; Bostock prohibits discrimination based on sexual orientation and gender identity.&nbsp; Margaret will address one of the unintended consequences this unsettled issue has had on faculty and students; namely, lack of mandatory training on behavioral expectations, terminology, etc.</li> </ul> <p>&nbsp;</p> <ul> <li>Allison Taylor, MSEd will discuss supportive measures offered in the Title IX Office.&nbsp; The supportive measures are non-disciplinary, non-punitive individualized services that are offered to a complainant or a respondent at any point in the process.&nbsp; Allison will also discuss another area of compliance, which is due process afforded to parties.&nbsp; She plans to discuss some of the biggest changes over the past 13 years, including:&nbsp; (1) the recording and transcribing of interviews with parties and witnesses rather than writing summaries of those interviews,&nbsp;and allowing parties to review their transcript after an interview for accuracy; (2) giving parties access to the case file ahead of the investigative report and hearing for review and comment; (3) Title IX decisions being made by a hearing board rather than a single decision maker; and (4) Parties being cross-examined in a live hearing. Allison will finally discuss the Informal Resolutions from the 2020 final rule, which allowed for more provisions with informal resolutions, and the reaction to this rule by Creighton University and its students.</li> </ul> <p>&nbsp;</p> <ul> <li>Mallory Hughes, JD will discuss how the overall purpose of Title IX is to promote equality and to protect students at colleges and universities. When it comes to allegations of student misconduct, particularly those pertaining to sexual harassment or misconduct, or domestic violence, the current, national Title IX rules and regulations are designed to protect the safety of the Complainant, while also recognizing and protecting the rights of the Respondent. Often the Respondent is in a position of having to navigate the Title IX process, while also ensuring he or she does not take action or inaction in such a proceeding that could have criminal law consequences for him or her. During this panel discussion, Mallory will talk about the overlap between Title IX investigations and criminal investigations and charges, and how that dynamic may impact what she would advise a Respondent to do in a Title IX investigation and hearing.</li> </ul> <p><strong>4:55 p.m.<br /> Closing Statements</strong><br /> Morgan Herchenbach<br /> Creighton University Law Student</p> <p><strong>5 p.m.<br /> Adjournment</strong></p> <hr /> <h2>Education Credit</h2> <p>Creighton University School of Law is an accredited sponsor of continuing legal education in the states of Nebraska and Iowa. This program has been approved for 3.5 hours of continuing legal education in Nebraska and continuing legal education is pending in Iowa.</p> <h2>Registration</h2> <p>No cost to attend.</p> Mike and Josie Harper Center Hixson-Lied Auditorium 602 N 20th St Omaha, NE 68102

Location

Mike and Josie Harper Center Hixson-Lied Auditorium
602 N 20th St
Omaha, NE 68102
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