Fair, Witness-Centered/Trauma-Informed Training Programs
Current Programs Offered:
- Investigation Training for Investigators and Title IX Administrators
- Adjudication Training for Hearing Officers and Hearing Panel Members
Investigation Training for Investigators and Title IX Administrators
Regulations issued by the U.S. Department of Education in May 2020 require that institutions of higher education ensure that Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, receive training on:
- the definition of sexual harassment
- the scope of the institution’s education program or activity
- how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable
- how to serve impartially
- any technology to be used at a live hearing, and
- issues of relevance of questions and evidence, as applied at the investigation and hearing stages
The regulations also require that training materials “must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.” In further explaining this requirement in the Preamble to the new regulations, the Department of Education noted that while “there is no fixed definition of ‘trauma-informed’ practices with respect to all the contexts to which such practices may apply in an educational setting, practitioners and experts believe that application of such practices is possible – albeit challenging – to apply in a truly impartial, nonbiased manner,” and quoted Jeff Nolan’s Fair, Equitable Trauma-Informed Investigation Training (July 2019) white paper as follows in support of that proposition: “All parties can benefit if trauma-informed training is provided in a manner that is fair, equitable, nuanced, and adapted appropriately to the context of college and university investigations and disciplinary proceedings, and that does ‘not rely on sex stereotypes.’ Given the complexity of these issues and the importance of training as a matter of substance and potential litigation risk, institutions should strive to ensure that their training programs are truly fair and trauma-informed.”
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
Regulations issued by the U.S. Department of Education in May 2020 require all colleges and universities to adjudicate covered cases through a live hearing-based process conducted according to newly specified procedures or, with the consent of the parties, through an informal resolution process. Hearing officers, hearing panel members and informal resolution facilitators (as applicable) must engage in training regarding the new procedural requirements that includes discussion of:
- the definition of sexual harassment
- the scope of the institution's education program or activity
- how to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes, as applicable
- how to serve impartially
- any technology to be used at a live hearing, and
- issues of relevance of questions and evidence, as applied at the investigation and hearing stages
The regulations also require that training materials “must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints of sexual harassment.” In further explaining this requirement in the Preamble to the new regulations, the Department of Education noted that while “there is no fixed definition of ‘trauma-informed’ practices with respect to all the contexts to which such practices may apply in an educational setting, practitioners and experts believe that application of such practices is possible – albeit challenging – to apply in a truly impartial, nonbiased manner,” and quoted Jeff Nolan’s Fair, Equitable Trauma-Informed Investigation Training (July 2019) white paper as follows in support of that proposition: “All parties can benefit if trauma-informed training is provided in a manner that is fair, equitable, nuanced, and adapted appropriately to the context of college and university investigations and disciplinary proceedings, and that does ‘not rely on sex stereotypes.’ Given the complexity of these issues and the importance of training as a matter of substance and potential litigation risk, institutions should strive to ensure that their training programs are truly fair and trauma-informed.”
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