Fair, Witness-Centered/Trauma-Informed Training Programs

Current Programs Offered:


Investigation Training for Investigators and Title IX Administrators

November 2018 comments by the U.S. Department of Education regarding the proposed Title IX regulations indicate that the Department assumes "that all recipients will conduct new or revised training aligned with [the] proposed regulations." The proposed regulations will require that "[Title IX] coordinators, investigators, and decision-makers receive training on both the definition of sexual harassment and how to conduct an investigation and grievance process, including hearings, if applicable, that protect the safety of students, ensure due process protections for all parties, and promote accountability." The need for fairness is also emphasized by proposed regulatory language stating that "[a]ny materials used to train coordinators, investigators, or decision-makers may not rely on sex stereotypes and must promote impartial investigations and adjudications of sexual harassment."

Holland & Knight attorney Jeffrey Nolan has participated in curriculum development and presentation of trauma-informed sexual assault investigation and adjudication training in federal and state government-sponsored programs, and for client institutions, throughout the United States. Mr. Nolan has presented and/or co-presented dozens of these programs to more than 1,000 participants, including Title IX administrators and investigators, hearing panel members, law enforcement officers, attorneys and many others. As outlined in a "NACUANOTE" published by the National Association of College and University Attorneys, "Promoting Fairness in Trauma-Informed Investigation Training" (Feb. 8, 2018), and an updated white paper on the topic, "Fair, Equitable Trauma-Informed Investigation Training " (July 2019), Mr. Nolan focuses on why maintaining neutrality in trauma-informed investigations is so important, as well as how investigators can utilize witness-centered, trauma-informed techniques consistent with best and promising interview practices while promoting fairness to all parties in accordance with the new Title IX regulations. Mr. Nolan has a deep knowledge of the new Title IX regulations and served on the American Council on Education (ACE) Title IX Working Group that prepared ACE's comments to the new Title IX regulations.

In addition to his work in the school, college and university student-on-student investigation context, Mr. Nolan has substantial experience applying fair, trauma-informed investigation concepts to the higher education workplace context, an area that higher education institutions will have to develop further in light of the new Title IX regulations.

Mr. Nolan will adapt the duration and content of training sessions to meet client needs, but where time permits, he prefers an interactive approach that encourages participants to apply what they have learned through practical, scenario-based exercises.

If you would like to learn more about how Mr. Nolan could work with your institution or organization to create and/or present a fair, witness-centered, trauma-informed investigation training program for investigators and Title IX administrators, please contact him at jeffrey.nolan@hklaw.com

 


Adjudication Training for Hearing Officers and Hearing Panel Members

November 2018 comments by the U.S. Department of Education regarding the proposed Title IX regulations indicate that the Department assumes "that all recipients will conduct new or revised training aligned with [the] proposed regulations." The proposed regulations will require that "[Title IX] coordinators, investigators, and decision-makers receive training on both the definition of sexual harassment and how to conduct an investigation and grievance process, including hearings, if applicable, that protect the safety of students, ensure due process protections for all parties, and promote accountability." The need for fairness is also emphasized by proposed regulatory language stating that "[a]ny materials used to train coordinators, investigators, or decision-makers may not rely on sex stereotypes and must promote impartial investigations and adjudications of sexual harassment." The new regulations will require all colleges and universities to adjudicate covered cases through a live hearing-based process conducted according to newly specified procedures. Hearing officers and hearing panel members will need to engage in training regarding the new procedural requirements.

Holland & Knight attorney Jeffrey Nolan has participated in curriculum development and presentation of trauma-informed sexual assault investigation and adjudication training in federal and state government-sponsored programs, and for client institutions, throughout the United States. Mr. Nolan has presented and/or co-presented dozens of these programs to more than 1,000 participants, including Title IX administrators and investigators, hearing panel members, law enforcement officers, attorneys and many others.

As outlined in a "NACUANOTE" published by the National Association of College and University Attorneys, "Promoting Fairness in Trauma-Informed Investigation Training" (Feb. 8, 2018), and an updated white paper on the topic, "Fair, Equitable Trauma-Informed Investigation Training" (July 2019), Mr. Nolan focuses on why maintaining neutrality in trauma-informed investigations is so important, as well as how investigators can utilize witness-centered, trauma-informed techniques consistent with best and promising interview practices while promoting fairness to all parties in accordance with the new Title IX regulations. Mr. Nolan has a deep knowledge of the new Title IX regulations and served on the American Council on Education (ACE) Title IX Working Group that prepared ACE's comments to the new Title IX regulations.

In addition to his work in the school, college and university student-on-student investigation context, Mr. Nolan has substantial experience applying fair, trauma-informed decision-making concepts to the higher education workplace context, an area that higher education institutions will have to develop further in light of the new Title IX regulations.

Mr. Nolan will adapt the duration and content of training sessions to meet client needs, but where time permits, he prefers an interactive approach that encourages participants to apply what they have learned through practical, scenario-based exercises.

If you would like to learn more about how Mr. Nolan could work with your institution or organization to create and/or present a fair, witness-centered, trauma-informed adjudication training program for hearing officers and hearing panel members, please contact him at jeffrey.nolan@hklaw.com