The Lamb McErlane PC attorneys on our dedicated Title IX team help clients at K-12 schools (public, private, and charter), colleges and universities, and for-profit schools navigate the ever-changing laws and regulations that prohibit sex discrimination and forms of bias. The team includes litigators, ATIXA certified investigators and decisions makers. We combine extensive, practical experience with Title IX with an approach that is sensitive to the needs of students, faculty, and the communities surrounding higher educational institutions as well as an understanding of local, state, and national politics.
The team at Lamb McErlane provides comprehensive assistance to clients ranging from policy development and hands-on assistance with implementation to facilitating a response to allegations of misconduct and litigation.
Policy Audits and Development
We review internal operating procedures and help clients coordinate a practical, compliant, coordinated strategy. We have experience conducting comprehensive reviews of Title IX programs and providing meaningful recommendations to administrators seeking to ensure compliance with Title IX and related laws, such as the Clery Act. In conducting program reviews, we engage with clients to understand and identify potential gaps in Title IX compliance and work with them to close those gaps.
University Athletics
We advise college athletic departments on matters involving NCAA eligibility and compliance and Title IX and the interplay with developments in Name, Image and Likeness (NIL) regulations. We evaluate programs to ensure compliance with the three-part test, students’ interests and abilities, athletic benefits and opportunities, and athletic financial assistance. In the event that issues of sexual misconduct arise in an institution’s athletics programs, we also have deep experience in ensuring a rapid and effective response that addresses obligations under Title IX and protects the school’s financial and reputational interests.
Sexual Misconduct and Harassment
Schools are responsible for the prevention, investigation, evaluation, and adjudication of harassment allegations on campus—from bullying and harassment to sexual violence. Our team has extensive experience with Title IX compliance and training, including the education of Title IX coordinators. If an allegation of sexual misconduct occurs, we guide clients through all stages of the process, from reviewing claims and spearheading an investigation through advising on interim remedies, disciplinary measures, and due process for those accused.
Investigations
Our ATIXA certified attorneys have experience conducting trauma-informed investigations of campus sexual misconduct claims and know how to carefully balance the interests of the accuser with the due process and fundamental fairness concerns of the accused. Our team regularly conducts internal investigations of sexual misconduct and other discrimination claims involving students, faculty, administrators, and third parties. We are experienced in conducting witness interviews, evaluating evidence, assessing credibility, and applying relevant policies and procedures at all stages of the investigative process.
Discrimination
Sex discrimination claims sometimes include related allegations of racial and disability discrimination. Clients regularly call on our team to evaluate and deliver training programs, identify potential areas of risk, and establish procedures that prevent and address discrimination. We are uniquely positioned to guide schools through Office for Civil Rights (OCR) and U.S. Department of Justice (DOJ) investigations, including complaints filed under Title VII, Title IX, Section 504, the ADA, and the Age Act.
Experience
- Conducted multiple Title IX sexual misconduct investigations as part of institutional disciplinary processes, including several at institutions in Pennsylvania
- Conducted internal investigations of student and faculty Title IX sexual misconduct matters
- Conducted comprehensive review of compliance of Title IX program
- Represent colleges and universities in various OCR complaints, including under Title VII and Title IX
- Reviewed multiple policies and procedures to ensure compliance with Title IX, Section 504, and the ADA; reviewed and developed service animal policies
- Reviewed Title IX programs at colleges and universities to ensure compliance with OCR requirements
- Providing ongoing advice to a large private university on proportionality in athletic opportunities for male and female athletes; providing training to the university’s athletics department
- Represented numerous universities in connection with age, race, disability, and harassment litigation, including Title IX litigation
- Conducted comprehensive Title IX policy reviews, stakeholder meetings, site visits, and review of past cases, websites, and training materials
- Handling Title IX and Title VI matters for a private educational institution in Pennsylvania, including the review of sexual misconduct and non-discrimination/anti-harassment policies
