NCHERM: The National Center for Higher Education Risk Management The National Center for Higher Education Risk Management; Best Practices for Student Health and Safety
NCHERM, Higher Education Risk Management, Legal Consultant Brett Sokolow JD, Campus Law Counsel, Help Colleges Universities solve problems, Hazing, Drinking, Drunk Sex, Alcohol, Sexual Assault, Sexual Harassment, Date Rape, Consensual Relationships, Binge Drinking, Workshops, Programs, Sexual Misconduct Issues, Campus Crime Security, Speakers Alan Berkowitz, Katie Koestner, Campus Outreach Services, ASJA, He Said, She Said, NASPA, ACPA, CLHE, URMIA, Judicial Training, Code of Conduct, Model Code, Expert Witness, Clery Act, Title IX, FERPA
NCHERM, Higher Education Risk Management, Legal Consultant Brett Sokolow JD, Campus Law Counsel, Help Colleges Universities solve problems, Hazing, Drinking, Drunk Sex, Alcohol, Sexual Assault, Sexual Harassment, Date Rape, Consensual Relationships, Binge Drinking, Workshops, Programs, Sexual Misconduct Issues, Campus Crime Security, Speakers Alan Berkowitz, Katie Koestner, Campus Outreach Services, ASJA, He Said, She Said, NASPA, ACPA, CLHE, URMIA, Judicial Training, Code of Conduct, Model Code, Expert Witness, Clery Act, Title IX, FERPA NCHERM HOME
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NCHERM, Higher Education Risk Management, Legal Consultant Brett Sokolow JD, Campus Law Counsel, Help Colleges Universities solve problems, Hazing, Drinking, Drunk Sex, Alcohol, Sexual Assault, Sexual Harassment, Date Rape, Consensual Relationships, Binge Drinking, Workshops, Programs, Sexual Misconduct Issues, Campus Crime Security, Speakers Alan Berkowitz, Katie Koestner, Campus Outreach Services, ASJA, He Said, She Said, NASPA, ACPA, CLHE, URMIA, Judicial Training, Code of Conduct, Model Code, Expert Witness, Clery Act, Title IX, FERPA  

CAMPUS CONDUCT TRAINING SERIES

STUDENT MENTAL HEALTH SERIES

STUDENT AFFAIRS RISK MANAGEMENT TOPICS

CAMPUS SEXUAL MISCONDUCT JUDICIAL TRAINING SERIES

PREVENTION AND RISK REDUCTION SERIES


Campus Sexual Misconduct Risk Management
Presented by: Brett A. Sokolow, J.D., and Saundra K. Schuster, Esq.
120 minutes on CD-ROM with Materials.  $199.99
December 2007

Two recent cases imply or outright create a duty to train at-risk student populations on the dangers of sexual misconduct (Tiffany Williams v. The University of Georgia and Simpson v. Colorado).  This webinar focuses broadly on how college and universities can more effectively manage the risk of sexual assaults.

………………………………………………………………………$199.99
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Training Hearing Boards on Best Practices
Presented by: Brett A. Sokolow, J.D., W. Scott Lewis, J.D.
120 minutes on CD-ROM with Materials.  $199.99
October 2007

Presented by a higher education attorney and an Assistant Vice Provost for Judicial Affairs, this webinar addresses the question of what are the core competencies for campus conduct boards?  What are the principles and best practices that produce sound decisions?  It covers Basic Fairness, Analyzing and Applying Policy, Deliveration Skills and Sanctioning Principles, and Questioning Skills. This webinar includes sharing of best practices from campuses around the country.

………………………………………………………………………$199.99
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"You Can't Say That, Can You?”  A Practical Guide to Campus Free Speech Issues
Presented by: Lee Bird, Ph.D., Mary Beth Mackin, Saundra K. Schuster, Esq. and Brett A. Sokolow, J.D.
120 minutes on CD-ROM with Materials.  $199.99
October 2007

Can anyone explain the 1st Amendment without making your eyes glaze over?  The goal of this webinar is to make the complexity of the 1st Amendment accessible to college administrators.  Bridging theory and practice, two members of the panel for this event are lawyers and two are student affairs administrators.  This webinar isn’t a comprehensive analysis, but a selective set of subtopics that are the most difficult in balancing civility with free speech in a campus environment.  Special attention is placed on the recent 2nd Circuit decision subjecting fraternity recognition to meeting a university’s gender discrimination policy (Chi Iota Colony of Alpha Epsilon Pi Fraternity v. CUNY).

………………………………………………………………………$199.99
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Responding to Rider – Hazing Prevention Through Intervention
Presented by: Brett A. Sokolow, J.D.
120 minutes on CD-ROM with Materials.  $199.99
October 2007

In August of 2007, two Rider University administrators (the Dean of Students and the Greek Advisor) faced an unprecedented prosecution. In the aftermath of a student’s drinking death as the result of hazing the previous March, these two administrators were indicted under the New Jersey hazing statute.  Both pled not-guilty, and were facing 18 months imprisonment and up to $10,000 in fines.  In late August, the prosecutor dropped the charges.

The prosecutor said he was sending a message to all of higher education.  What was that message?  There are effective models out there.  Why aren’t we using them?  Take hazing seriously, and do something meaningful about it.  This webinar explores the leading edge in hazing prevention with Brett Sokolow, a risk management expert who has worked with student organizations on dozens of campuses to address hazing.  His work includes protocol development and training with national fraternities and sororities, bands, the military, and hundreds of student organizations, fraternities, sororities, athletics teams and ROTC units. 

………………………………………………………………………$199.99
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A Guide for Faculty on Responding to Students in Distress
Presented by: Brett A. Sokolow, J.D. and W. Scott Lewis, J.D.
120 minutes on CD-ROM with Materials.  $199.99
September 2007

Across the country, more campus faculty members report varying levels of student behavior that disrupts the learning environment. For some, it’s students wearing hats or obscene t-shirts to class or using cell phones, texting and instant messaging while in class. Even out-of-class behaviors such as inappropriate posts on Facebook, blogs, and faculty rating websites—as well as inappropriate visits to faculty offices and homes—are areas of concern. As problematic as disruptive students may be, the time has come to define a new category of students: students in distress.

Dark imagery and threatening language in classroom assignments or discussions is disruptive, but it may also be a harbinger of something more. Students who have eating disorders, who are depressed, or who are threatening suicide often act out, and faculty are often among the first people who become aware of this behavior. And, when a faculty member/instructor becomes aware, the university becomes aware, legally. This illustrates the importance of faculty training and education on intervention techniques, campus resources and protocols. This seminar discusses best practices for managing a wide range of distressing student behavior from the merely disruptive to the truly critical.

………………………………………………………………………$199.99
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LEARNING FROM TRAGEDY: DEBRIEFING FROM VIRGINIA TECH AND LOOKING FORWARD
A Framework for Student Mental Health & Violence Prevention

Presented by: Brett A. Sokolow, J.D., and W. Scott Lewis, J.D.
120 Minutes on CD-ROM with materials. $249.99
July 2007

Many of us in higher education are still reeling from the events of April 16th, 2007 at Virginia Tech. We know it will be some time before life regains a semblance of normalcy there. With this videoconference (different than a webinar, because the A/V includes video of the presenters as well as the Powerpoint slides), we provide information that encourages campus responses in three main areas: Improved mental health services, policies and protocols; Better policies, protocols and training on disruptive student behavior; Elaboration and implementation of behavioral intervention models that enable early identification, support and response to students in need.

………………………………………………………………………$249.99
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THE STATE OF CAMPUS BYSTANDER INTERVENTION EFFORTS
Presented by Brett A. Sokolow, J.D., David Lisak, Ph.D., Victoria Banyard, Ph.D.
90 Minutes on CD-ROM with materials. $199.99
June 2007

Prevention efforts on college campuses have historically involved education aimed at those who might perpetrate, but these interventions are not appropriate for repeat sex offenders. What then do we do with the sex offenders? 

The path to prevention for them is Bystander Intervention. We look to their peers and community and ask them to identify those whose behaviors are high-risk. We ask them not to be bystanders to the acts of aggression and trespass of the sex offenders. We ask them to intervene. Many campuses have committed to programmatic efforts at empowering bystanders, and some are starting to show positive results. 

This webinar examines the state of the art in campus bystander intervention efforts, highlighting the research on repeat perpetration and the model program underway at the University of New Hampshire.

………………………………………………………………………$199.99
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LEGAL ISSUES FOR CAMPUS COUNSELORS AND THERAPISTS
Presented by Brett A. Sokolow, J.D. and Carolyn Reinach Wolf, Esq.
90 Minutes on CD-ROM with materials. $199.99
June 2007

Every campus struggles with questions about what counselors should know, what they should disclose to others, and how should they straddle the sometimes divided loyalties between their employment obligations and their professional ethics.  In this webinar, we’ll offer a legal update on pressing issues for campus counselors and therapists, including:

  • Confidentiality of Records;
  • Clarification of FERPA: fact/fiction;
  • Release of information between and among health care providers and HIPAA 
  • Administrators and law enforcement;
  • Parental notification;
  • Duty to warn;
  • Documentation of Records;
  • Campus Risk Management;
  • Security and Safety Concerns: Before and During a Crisis.

………………………………………………………………………$199.99
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Criminal Background Checks For Students and Staff: A Law & Policy Update
Presented by Brett A. Sokolow, J.D., and James A. Keller, Esq.
90 Minutes on CD-ROM with materials. $199.99
April 2007

Recent actions by legislatures in North Carolina and Virginia have framed the question of whether colleges and universities should (or must) perform criminal background checks (CBCs) on incoming students.  The case of Tiffany Williams v. the University of Georgia tells us the potential liability that can be created by recruiting students known to have criminal histories.  Already, standards of practice for background checks of staff are well-established, and broadening standards for student-staff such as RAs are being debated.  This webinar will help participants to gain a thorough understanding of the current state of practice, where it is heading, and what the implications are for this trend of broadening background checks in higher education.

………………………………………………………………………$199.99
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Search & Seizure on Campus:  A Law and Policy Best Practices Update
Presented by Saundra Schuster, Brett A. Sokolow, and W. Scott Lewis
90 Minutes on CD-ROM with materials. $199.99
February 2007

When the marijuana is found in your room, it’s hard to argue that you’re not in possession. So, students challenge the legality of the search. In fact, college students have been suing colleges and universities for allegedly illegal room searches for over 40 years.  These cases have been mostly sporadic and infrequent, and we thought we had a pretty good handle on 4th amendment challenges to student room searches. 

Yet, search & seizure has recently become big news again, with a spate of incidents and cases involving Santa Clara University, UMASS, Amherst, the University of Houston, George Washington University, the University of Maryland and other campuses.  Not all the cases involve public universities, as the recent state action cases at Harvard University and Mercer University demonstrate.  Perhaps it is time to revisit the best practices and legal contours of this issue again?

………………………………………………………………………$199.99
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Profiling the Campus Date Rapist:  Inside the Research. 
Presented by Brett A. Sokolow, J.D. and David Lisak, Ph.D. 
2 Hours on CD-ROM with materials.  $199.99
January 2007

Researchers are diligently collecting and presenting data that might help us to better understand the phenomenology of campus date rape.  One of the foremost of these researchers is Dr. David Lisak.   Dr. Lisak’s research is well-regarded and he is frequently called to consult on high profile date rape cases.  His work informs the U.S. Military as it grapples with cultural issues of gender violence.  He has framed a body of research around the concept of undetected rapists.  Some of his conclusions will cause us to carefully re-examine our willingness to accept at face value what “HE SAID.”  In this webinar, Brett Sokolow interviewed Dr. Lisak to help to familiarize participants with his research, and discussed with Dr. Lisak how his findings apply to the work of student affairs administrators.  Special emphasis was placed on these questions:

  • What implications do these findings have for the campus conduct process?
  • What implications do these findings have for how we approach educational initiatives on prevention?
  • What implications do these findings have for how we educate our potential victim population about risk reduction?

PLEASE NOTE: THIS EVENT IS A DIGITAL AUDIO RECORDING WITH MATERIALS, BUT DOES NOT INCLUDE THE POWERPOINT SLIDES FROM THE EVENT, WHICH ARE PROPRIETARY.

………………………………………………………………………$199.99
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2007 Student Suicide Part I: What College and University Administrators Need to Know About the Law and Best Practices
Presented by Brett A. Sokolow, J.D. and Carolyn Reinach Wolf, Esq.
90 Minutes on CD-ROM with materials. $199.99
March 2007

College and university administrators are all trying to find the right balance for managing the risk of suicidal students while doing the utmost to support them.  We are grappling with tough questions, and this webinar gives you fresh thinking and creative strategies from three attorneys deeply engaged in exploring the best practices for suicidal students that are emerging in our field.  Materials prepared by the presenters will be provided to all registrants.

Please note: The 2007 and 2006 Student Suicide Webinars focus on the same theme but contain different content and topics. 

………………………………………………………………………$199.99
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2007 Student Suicide Part II: Best Practices for Student Affairs Administrators, Counselors and Campus Health Service Providers
Presented by: Richard Kadison, M.D., Aaron Cohen, Ph.D., and Brett A. Sokolow, J.D.
90 Minutes on CD-ROM with materials. $199.99
March 2007

This webinar is focused on the mental health aspects of student suicide, and on forging collaboration between student affairs and campus health and mental health service providers.  It features an emphasis on diagnostic understanding of ideation, threats, gestures, and means; on coordinating strategic departments in prevention and intervention efforts. We also go into more depth about assessment and evaluation and their relative value and perils. We discuss of the process of re-entry for a student who withdrew or was withdrawn for being a “direct threat,” including how to determine eligibility to return, conditions on return, and continuing duties upon return.

Please note: The 2007 and 2006 Student Suicide Webinars focus on the same theme but contain different content and topics. 

………………………………………………………………………$199.99
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2006 Student Suicide Part I: What College and University Administrators Need to Know About the Law and Best Practices.
Presented by Brett Sokolow, Saundra Schuster, and W. Scott Lewis
90 minutes on CD-ROM. $199.99
June 2006

College and university administrators are all trying to find the right balance for managing the risk of suicidal students while doing the utmost to support them. We are grappling with tough questions, and this webinar gives you fresh thinking and creative strategies from three attorneys deeply engaged in exploring the best practices for suicidal students that are emerging in our field. Materials prepared by the presenters will be provided to all registrants.

  1. How do the ADA and Section 504 impact on involuntary withdrawal decisions?
  2. What does a suicidal student need to do to qualify as “disabled”?
  3. What is the "direct threat" test, and how do we meet it?
  4. Is an OCR investigation better than a wrongful death lawsuit?
  5. Can your conduct code be used to meet the "direct threat" test, or is a separate procedure necessary?
  6. Does a decision to withdraw a student have to be made in consultation with medical experts?
  7. Can you use "disruption" and other conduct code violations to address suicidal students?
  8. Is a suicidal student entitled to return to campus after an absence?
  9. Does the ADA allow you to force a student into counseling?
  10. Can psychologists predict future harm with any accuracy, or is assessment just a fancy term for CYA?
  11. Is Jain v. Iowa settled precedent as the leading case on legal liability for student suicide?
  12. Is a disabled student entitled to enhanced due process rights?
  13. What are the legal risks and benefits of "no harm" agreements and behavioral contracts?
  14. What are reasonable accommodations for a suicidal student?
  15. When is a suicidal student no longer “otherwise qualified” and what are the legal implications of this?

………………………………………………………………………$199.99
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2006 Student Suicide Part II: Best Practices for Student Affairs Administrators, Counselors and Campus Health Service Providers
Presented by Brett Sokolow, Saunie Schuster, Richard Kadison, and W. Scott Lewis.
120 minutes on CD-ROM. $199.99
August 2006

This webinar is a follow-up to the NCHERM Webinar on June 23rd, 2006, taking you beyond the topics of that event for a broader perspective from three attorneys and a psychiatrist who are deeply engaged in exploring the best practices for suicidal students that are emerging in our field.

The outline for the subject matter of this webinar includes:

1. Suicidality

a. Diagnosing “suicidality”

b. Risk assessment techniques

i. Strategies for encouraging voluntary participation by students

ii. Best practices when mandating assessments

1. Administrator-to-students concerns

2. Administrator-to-therapist concerns

c. Confidentiality and communication between student affairs and counseling

d. Parent/Family involvement, coordination and communication

e. Post-vention support to the community in the event of a suicide

2. Hospitalization and Medical Leaves

a. Coordination of care and follow-up

i. Student health plan and insurance issues

b. In-patient treatment options

c. How to successfully (and legally) encourage voluntary withdrawal

d. Establishing a re-entry policy and procedures

3. Best practices for a suicide/threats/gestures/ideation response protocol

a. Risk management through comprehensive instructions

b. Coordination and centralization of institutional response

………………………………………………………………………$199.99
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The Complete 2006 and 2007 Student Suicide Webinar Series
(Includes four webinars: 2006 Part I and II, 2007 Part I and II)

………………………………………………………………………$599.99 (SAVE $200)
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Ten Risk Management Strategies for Collegiate Athletics
Presented by Brett A. Sokolow, J.D. and Linda Sharp, J.D. 
2 Hours on CD-ROM with materials.  $199.99

This webinar on CD-ROM offers expert advice from two attorneys who identified ten key topics of potential risk within college athletics.  This webinar helps colleges and universities to place emphasis on proactively managing the risks represented by these issues by giving your athletics operation effective tools to address high-risk student behavior, adverse publicity and areas of potential legal liability.  Topics include:  Disciplining Athletes; Summer Camps; Waivers; Crowd Management; Team Transportation; Emergency Medical Care; Hiring Qualified Personnel; Vicarious Liability; Voluntary Workouts; Sexual Harassment. 

………………………………………………………………………$199.99
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The 2006 Campus Sexual Misconduct Judicial Training Webinar Series

PART I:  “Evaluating Sexual Misconduct Complaints:  Force, Consent and Incapacity”  
Presented by Brett A. Sokolow, J.D. 
2 Hours on CD-ROM with materials.  $199.99
2006

As campus judicial decision-makers consider complaints involving these complex interpersonal conflicts, it is difficult to separate sexual politics from questions of sexual conduct.  The NCHERM Sexual Misconduct rubric segregates sexual misconduct complaints into three relevant inquiries to help guide decision-makers to clear and concise consideration and easier deliberation.  The rubric helps to dispel the myths that sexual misconduct complaints are fraught with “gray areas,” or that a complaint amounts to nothing more than a “He Said – She Said.”  It enables participants to distinguish between drunk sex and a policy violation. 

………………………………………………………………………$199.99
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PART II:  “Campus Sexual Misconduct and the Law”
Presented by Brett A. Sokolow, J.D., and Saundra K. Schuster, Esq. 
2 Hours on CD-ROM with materials.  $199.99
2006

While laws may set a framework for compliance, our obligations extend beyond mere compliance. Our foremost concern must be for assessing complaints through a developmental process.  Yet, we also cannot afford to ignore the law, and so we must find a way to allow it to inform our work but not interfere with it.  The two presenters of this webinar will guide you through the legal issues that impact on campus sexual misconduct complaints by focusing on the impact of federal laws such as Title IX, FERPA and the Clery Act, and by looking to the precedents created by the courts through case law and by the Office for Civil Rights. 

………………………………………………………………………$199.99
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PART III:  “Special Considerations in Hearing Sexual Misconduct Complaints”
Presented by Brett A. Sokolow, J.D. and W. Scott Lewis, J.D. 
2 Hours on CD-ROM with materials.  $199.99
2006

This webinar follows a Q&A format, with the presenters discussing important questions with each other and the participants.  Questions will span a wide range, including:

  1. What are the pros/cons of a separate conduct panel for sexual misconduct?
  2. Is it better for the university or the victim to serve as the complainant?
  3. Is direct confrontation by the parties desirable or to be avoided?
  4. What is the best practice for addressing information about a party’s sexual history or character?
  5. How much information should be exchanged between the parties prior to the hearing?
  6. What do we do if a victim makes a report but refuses to participate in the hearing?
  7. Who is best equipped to hear sexual misconduct complaints?  Staff, faculty, students, administrators?
  8. Should the alleged victim have a right to appeal?
  9. How much information can/should we give the victim about the hearing outcome?
  10. What if multiple complainants come forward about the same alleged perpetrator?

And much more…

………………………………………………………………………$199.99
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The 2006 Campus Sexual Misconduct Judicial Training Webinar Series
(PART I, II, and III)

………………………………………………………………………$499.99 (SAVE $100.00)
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The Civil Rights Approach to Campus Sexual Violence. $199.99

90 min. on CD-ROM. Co-presented by Brett Sokolow and Saunie Schuster.
One hardcopy of the seminar materials is included.

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

Description of the seminar from which this CD was produced: Brett Sokolow and Saundra Schuster jointly present this 90-minute audioseminar. The focus of this audioseminar is on viewing campus sexual violence not just as a student conduct issue, but as federal civil rights issue governed by Title IX, an anti-discrimination statute. Best practices for reporting, confidentiality, resolutions, investigation and risk management are shared. These key questions are addressed:

1) Why must colleges address campus sexual violence?
2) How do the Gebser and Davis Supreme Court cases tie Title IX to sexual assault?
3) What do actual notice and deliberate indifference mean as legal standards?
4) What mandates for reporting does Title IX place on college employees?
5) What a "prompt and equitable" resolution requirement means?
6) What is the best practice for dealing with a "reluctant victim"?
7) What does a civil rights investigation process look like, as an alternative to the adversarial hearing, when applied to date rape, and what are the benefits?
8) What about Title IX should we know in a practical, take this back to campus and apply it, sense? Including off-campus jurisdiction, non-student victims, the promptness of the complaint, OCR investigations, etc.

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Crafting a Code of Conduct for the 21st Century College. $199.99

90 min. on CD-ROM. Presented by Brett Sokolow.
One hardcopy of the seminar materials is included.

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

Description of the seminar from which this CD was produced: Most conduct codes are not educational, developmental tools. This seminar presented by Brett Sokolow guides participants in a process to re-envision conduct codes as tools of prevention that are connected to the institutional mission and values. Most policies are dense, and are not written for ease of understanding or application. This seminar teaches participants how to make a paradigm shift in how we craft policies and procedures, taking them from reactive rules to proactive guidance.

Participants will be involved in:

  • Learning techniques for assessing policies and procedures
  • Learning the difference between a rule and a policy
  • Determining whether policies have an educational emphasis and impact
  • Determining whether policies have a developmental emphasis and impact
  • Drafting policies for ease of understanding and application
  • Drafting procedures that allow for maximum flexibility and risk management
  • Learning how examples can enhance conduct codes
  • Determining how to connect codes to institutional and community values

………………………………………………………………………$199.99
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Best Practices for Balancing Rights in Campus Conduct Processes $199.99

90 min. on CD-ROM. Presented by Brett Sokolow.
One hardcopy of the seminar materials is included.

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

Description of the seminar from which this CD was produced: More so than at any other time in recent memory, student rights in campus conduct processes are at the forefront of litigation against colleges. From the 1st Amendment to Title IX to Due Process cases, 2004 has been an active year for colleges in the courts. As we continue to evolve campus conduct processes to reflect best practices and to respond to the demands of legislation and caselaw, we find ourselves updating procedures more frequently. Finding the right balance between the rights of students who are parties in campus conduct processes and the rights of the institution is challenging. This audioseminar provides cogent discussions of many of these rights in flux, with helpful suggestions to bolster your procedures and find the right balance for your campus.

Brett Sokolow presents on the following topics: preliminary/reasonable cause determinations; what to do with your process when criminal charges are filed; off-campus jurisdiction; standards of proof; separate processes for sensitive issues; making better use of flexible procedures; sanctions—proportionality v. consistency—which is more important?; victim’s rights; complainant appeals; evidentiary issues.

………………………………………………………………………$199.99
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The Challenge of Educating Students on High-Risk Health and Safety Issues: The State of Men’s Sexual Assault Prevention Programming $199.99

90 min. of CD-ROM. Presented by Alan Berkowitz with moderation by Brett Sokolow. One hardcopy of the seminar materials is included.

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

Description of the seminar from which this CD was produced: This seminar is presented by Alan Berkowitz and moderated by Brett Sokolow. The last twenty years has seen increasing attention to men’s role in preventing sexual assault, with the development of workshops and media focused on men as “part of the solution.” This audioconference reviews men’s programming efforts, past developments and successes, and addresses future challenges and directions. Topics include: understanding men’s role in prevention, best practices in men’s programming, theoretical models, the relation of our work with men to work with women, and social marketing/social norms marketing media. The audioconference also reviews men’s programs and media campaigns from other countries to provide an international context for our work in North America.

………………………………………………………………………$199.99
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The Challenge of Educating Students on High-Risk Health and Safety Issues: Creating a Four-Year Educational Strategy $199.99

90 min. on CD-ROM. Presented by Brett Sokolow with moderation by Alan Berkowitz. One hardcopy of the seminar materials is included.

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

Description of the seminar from which this CD was produced: This seminar is presented by Brett A. Sokolow, JD and moderated by Alan D. Berkowitz, Ph.D. Mr. Sokolow discusses various models for mandating programming, providing positive incentives, and delivering programming on high-risk issues such as drug use, problem drinking, sexual assault, etc. through curricular, co-curricular, technology-based and extra-curricular models. He then shares his innovative model for a four-year educational strategy for high-risk student health and safety programming. This approach helps colleges to identify key areas of educational need, and plan a coordinated, centralized year-by-year educational initiative that is thematic, consistent, progressive and developmental.

………………………………………………………………………$199.99
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The NCHERM Conduct Training Audioseminar Series: Audioseminar 1 $199.99

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

BASIC FAIRNESS AND PROCEEDINGS is the first in our series. Don Gehring and Brett Sokolow offer a basic introduction to procedural fairness and decision-making. Covered information includes: the legal underpinnings of fundamental fairness and due process; Matthews v. Eldridge; arbitrary and capricious; contractual liability; the material deviation standard; what is a hearing; what are the basic procedural rights of every student; how campus hearings differ from criminal proceedings and why; requirements of notice; how courts evaluate campus conduct decisions; elements of sound decisions; reasonable conclusions; objectivity; bias; the standard of proof. SKILL LEVEL = BASIC

………………………………………………………………………$199.99
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The NCHERM Conduct Training Audioseminar Series: Audioseminar 2 $199.99

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

THE SKILL OF ANALYZING AND APPLYING POLICY offers a chance to hear from Brett Sokolow and Saunie Schuster on policy analysis, complex complaints, multiple violation complaints and group violations. Participants learn how to break a policy into its constituent elements, to identify any vague or confusing terms, and to define key terms if needed. Participants learn to divorce their personal sense of right and wrong from the skill of upholding a policy (with which they may or may not agree). Exercises will help participants to apply common policy formulations to everyday campus incidents. Walking through the process of analysis point-by-point builds skills and decision-making familiarity and comfort. SKILL LEVEL = INTERMEDIATE

………………………………………………………………………$199.99
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The NCHERM Conduct Training Audioseminar Series: Audioseminar 3 $199.99

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

DELIBERATION SKILLS AND SANCTIONING PRINCIPLES is presented by Brett Sokolow and Don Gehring. Don draws special attention to the principle of proportionality in sanctioning, and what that means. He discusses the legal need for consistency of sanctions, and when deviations are appropriate. Don and Brett talk about campus precedents, how much they control your sanction decisions, and some of the pitfalls of having bad precedent. Don also explains the philosophy of using progressive, developmental sanctions. Brett offers some thoughts on the role of sanctions in creating and maintaining safe campus communities. The presenters then focus through exercises on deliberation skills, defining what a deliberation process is and how it differs from dialectical processes. Participants will gain and understanding of the three models of deliberation (Adversarial, Consensus and Hierarchical) and the advantages and disadvantages of each.
SKILL LEVEL = INTERMEDIATE

………………………………………………………………………$199.99
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The NCHERM Conduct Training Audioseminar Series: Audioseminar 4 $199.99

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

SEXUAL MISCONDUCT JUDICIAL TRAINING is presented by Brett Sokolow and Saundra Schuster, who co-presented the NCHERM Videoseminar, Best Practices for Campus Sexual Misconduct Judicial Training in 2004. Revisiting that topic, Brett and Saunie focus on special considerations for sexual misconduct complaints, including Past Sexual History/Sexual Character, special rules for admitting previous infractions by the accused student, how to address multiple victims in one complaint, evidence of Rape Trauma and its admissibility/evidentiary significance, interpreting/admitting medical records and SANE (forensic) evidence, use/abuse of victimological information, Clery and other victim’s rights considerations, balancing the rights of all parties, privacy screens and other testimony devices in campus hearings and the Force/Consent/ Incapacity construct as an analytical tool. SKILL LEVEL = ADVANCED

………………………………………………………………………$199.99
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The NCHERM Conduct Training Audioseminar Series: Audioseminar 5 $199.99

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

QUESTIONING SKILLS AND GESTICS is a highly interactive and engaging topic presented by Brett Sokolow and Scott Lewis. Scott is an expert on Gestics, the science of interpreting body language and affect. We all evaluate the information that witnesses and parties bring to hearings, and mostly we operate on our gut reactions to the information we receive. Scott and Brett offer critical information on interpreting our gut feelings and understanding the subtle (and obvious) visual and aural cues that tell all of us whether we believe or disbelieve, trust or show skepticism. Questioning is one of the most basic skills for hearing officers, but a skilled line of questioning takes practice. We focus on putting students at ease, communicating with them in ways that opens them to our inquiry, being inquisitive without turning a hearing into an inquisition, when open or closed questions are best, appropriate challenge styles, and more.
SKILL LEVEL = INTERMEDIATE TO ADVANCED

………………………………………………………………………$199.99
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The NCHERM Conduct Training Audioseminar Series: Audioseminar 6 $199.99

NOTE: This event was audio-only and the CD includes materials, but not PowerPoint slides.

EVALUATING AND WEIGHING EVIDENCE brings you the expertise of Mary Lou Antieau and Brett Sokolow as they talk about simple, informal evidence rules to guide decision-making in campus hearings. Participants learn straightforward definitions for relevance and credibility issues. They develop a common sense measure for evidence that could prejudice the fairness of the process, and learn a variety of techniques to control the admission of evidence. They learn to distinguish fact from opinion from circumstantial evidence, and how each weighs toward the standard of proof. Participants gain knowledge on everything from biased witnesses to lying witnesses, expert sources of information, how to interpret previous conduct violations and impact statements. Exercises challenge participants on hazing, the smell of marijuana, sexual harassment, threats and fights. SKILL LEVEL = ALL

………………………………………………………………………$199.99
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The NCHERM Conduct Training Audioseminar Series $599.99

Buy the set of 6 CD-ROMs for $599.99

NOTE: These events were audio-only and the CD includes materials, but not PowerPoint slides.

………………………………………………………………………$599.99
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Campus Sexual Assault: The OCR Perspective on Title IX Enforcement

$99.00

90 min. on CD-ROM. Co-presented by Brett Sokolow and Wendy Murphy. Original airdate March 15, 2010.
PowerPoint slides are included.

Many of you attended the session presented by Brett A. Sokolow, Esq. and Wendy Murphy, Esq. at the ASCA annual conference in early February 2010. Sparks flew, and the point/counterpoint of having the perspectives of a plaintiff's attorney and a defense attorney seemed to give the debate useful balance. The feedback was to provide more information on the topic, and to give more detail. 

This follow-up webinar recapitulats the same key OCR Title IX decisions involving campus sexual misconduct that were discussed at the conference, but rather than an overview, it offers point-by-point practical lessons of each investigation finding. So, if you missed the session at ASCA, this webinar will get you up to speed on the topic. If you did attend at ASCA, this webinar will take you deeper into lessons that you can implement on your campuses based on these cases. 

Brett and Wendy trace the OCR decisions in cases involving Harvard University, Georgetown University, Ohio State University, Christian Brothers University, Sonoma State University, Boston University, and Hofstra University. This recording includes a comprehensive Powerpoint presentation of key findings in each case.

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Post-Intervention BIT Best Practices

90 min. on CD-ROM.  Co-presented by Saundra Schuster and Brian Van Brunt.  Original airdate April 9, 2010.

PowerPoint slides are included.

On many campuses, we have become proficient at early identification of at-risk individuals, of assessing the level of threat potentially posed, and of coordinating short-term interventions.  But, what happens then?  Many interventions require long-term coordination and follow-up.  Many of our teams are not set up for comprehensive post-intervention care.  What are the best mechanisms for those whose needs extend beyond initial or crisis interventions?  Order this webinar recording to explore these questions and more:

1.  Long-term tracking mechanisms

2.  Coordinating with residential life

3.  Post-hospitalization issues

4.  Case management

5.  Family involvement

6.  Referring/Mandating follow-up, check-in, skills trainings, brief interventions

7.  Communication with mental health resources

8.  Minding the gaps

9.  Pharmacology

10.  Student conduct

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BIT Recordkeeping Best Practices

90 min. on CD-ROM.  Co-presented by Brett Sokolow, Scott Lewis and Saundra Schuster.  Original airdate April 16, 2010.

PowerPoint slides are included.

In this webinar, we explore recordkeeping best practices. Topics for this webinar include:
1. What should records include?
2. How should records be maintained?
3. What should a comprehensive record policy include?
   - Creation
   - Maintenance
   - Access
   - Inspection
   - Challenge
   - Expungement
   - Destruction
4. Who should have access to records?
5. What are the FERPA records implications?
6. What are the HIPAA records implications?
  - Should BIT records include counseling/health information?
7. Anonymous report records issues
8. Faculty/staff records issues
9. What to do with scandalizing, false, inaccurate, and inappropriate reports
10. Integrating and pulling information from other departments, databases and sources
11. Misuse and abuse of records
12. Open records, open meetings and Sunshine implications

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We've Intervened...Now What?

90 min. on CD-ROM.  Co-presented by Brett Sokolow and Brian Van Brunt. Original airdate November 6, 2009.

ASSESSMENT?  WE DO THAT.

With the advent of behavioral intervention teams and campus threat assessment, college and universities are better prepared to identify and refer at-risk students for appropriate assessment and team-led intervention.  But, then what?

A mental health assessment is just a snapshot in time.  A student who is cleared by an assessment may become more acute subsequently.  We’re hoping the assessment hooks the student into a long-term therapeutic relationship with a counselor.  But, what if it doesn’t?  Assessment is seen by many as a panacea.  If we can just get him or her to see a counselor, all will be well.  Such unreasonable expectations put too much pressure on our counselors.  Sometimes, assessment is an end.  Sometimes, it is just a beginning. 

This webinar examines best practices for long-term behavioral intervention after the assessment and after the conduct hearing.  The team has decided the student can stay, but what long-term supports and resources can we use to make that work for the student and our community?

MANDATED THERAPY?

Counselors, psychologists and therapists have traditionally taken a stance against the process of involuntary treatment and mandated therapy. They cite ethical concerns that therapy, at its heart, must be a process that is voluntary, and which develops from a mutual understanding between client and clinician. Other clinicians argue that mandated treatment occurs frequently in settings outside higher education (domestic violence, alcohol and DUI programs, anger management and sexual assault). Regardless of your philosophy, the need for some connection with our at-risk students remains.

MANDATED SKILLS PROGRAMMING

NCHERM suggests that we look to mandated skills programming by our willing counselors and/or by student affairs staff as a resource for long-term support and success. Programming can and does address several key areas of need for at-risk students who remain on campus or have returned following a mandated assessment, threat assessment team determination or student conduct process.

This process is similar to mandatory alcohol education classes (e.g., BASICS, Prime for Life, Alcohol.edu) that are offered as sanctions to students who violate the campus alcohol policy. These alcohol programs are not “treatment” for a student’s alcohol addiction, but rather educational opportunities for them to learn and explore how their alcohol use impacts their academic progress.

In addition to mandated skills programming you may already have in place to address alcohol and other drugs, NCHERM recommends that we can expand mandated skills programming in several areas:  suicide awareness, aggression, and relationship violence.

Programming would be mandatory in nature, requiring students to complete a course as a condition of continued enrollment at the college or university. In this model, each educational program is offered in short (2-3 session), medium (5-6 session) and long term (10 session) formats based on the needs of the referring party (judicial affairs, residence life, Dean of Students, Behavioral Intervention Team, etc) and the student being mandated.

A HOW-TO WEBINAR -- PRACTICAL ADVICE

This webinar explores the benefits and limits of the use of mandated educational programs, as well as ways to implement and enforce such a mandate.

This approach side-steps ethical issues for counselors and psychologists wrestling with the implications of offered therapy to non-willing or coerced clients.

Educational programming matches with the developmental, educational mission of most colleges and universities to help students reshape their behavior in appropriate ways.  By developing successful skills programming, universities and colleges can create a higher level of legal defensibility, a demonstrable history of addressing at-risk student behavior, and an ongoing level of support beyond the initial threat assessment.

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Campus Threat Assessment Part I

90 min. on CD-ROM.  Co-presented by Brett Sokolow and W. Scott Lewis.  Original airdate April 30, 2010.  Powerpoint slides included.

This webinar is about using campus threat assessment capacities to get out ahead of violence. It is largely about the theory and research grounding of campus threat assessment efforts. Our follow-up webinar (Campus Threat Assessment Part II) will be on the actual process of threat assessment, and practical application of tools, techniques and theory.

You're seen the NaBITA Threat Assessment Tool, and you have probably investigated other approaches, concepts, rubrics and tools. What should you use? What works? The NaBITA tool is but one of many valid approaches, and rather than suggest any one tool or approach, this webinar addresses threat assessment on college campuses conceptually. How does threat assessment on a college campus differ from threat assessment in other venues, such as workplaces, airports, and retail establishments? What are the implications of the uniqueness of the campus setting to how many teams we have, what we call them, what purposes they serve, their scope, and how they communicate with each other? How does BIT differ from TAT, how do they intersect, and how should we structure our approaches? How should we assess patterns of behavior, repeat offenses, and baseline data? Brett and Scott discuss the challenges and advantages of campus-based threat assessment. They talk about the research and what it suggests are the significant ingredients in the success of whatever tool or mode of analysis you use. They discuss the value of consistent rubrics and their application. How objective is the threat assessment process? How subjective? Is profiling really completely useless? How can we use it without stigmatizing mental health, cultural, ethnic or racial characteristics? How is profiling different from behavioral analysis, if at all? What is the difference between threat detection, threat assessment and threat management? If we can engage threat at three stages -- pre-threat, threat parallel and post-threat -- how do we design our approach to empower pre-threat engagement as early and as often as possible?

A Great Resource For...

Student Affairs Administrators

Judicial Administrators

University Legal Counsel

Risk Managers

Human Resources Staff

Disability Services Personnel

Residential Life Administrators

Campus Law Enforcement

Student Activities and Student Development Staff

Faculty

Counseling Services Personnel

Health Services Staff

Campus Crisis Response Teams, CISDT, and Behavioral Intervention Teams


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Gamechangers Part I: Reshaping Campus Sexual Misconduct Through Litigation

90 min. on CD-ROM.  Co-presented by W. Scott Lewis and Saundra K. Schuster.

Original airdate May 28, 2010. Powerpoint slides included.

Over the last few years, the courts have been broadly reshaping campus sexual misconduct through expansive interpretations of Title IX. From high dollar jury verdicts to staggering retaliation cases to landmark decisions on the personal liability of college administrators, we're getting the message loud and clear about the liability that will result when we don't get sexual misconduct cases right. This two-part webinar series is designed to help college and university administrators with the practical tools needed to improve campus response to sexual violence.

In part I, the presenters will address the following topics:

• Title IX and Campus Sexual Violence
   o How does Title IX apply?
   o To what does Title IX apply?
   o What are the implications of violating Title IX?
   o What is actual notice?
   o What is deliberate indifference?
   o What is the duty to investigate?
   o What are prompt and equitable remedies?


• Viewing campus sexual assault as a civil rights/discrimination issue
   o How does Title IX impact on campus conduct processes?
   o How does Title IX impact on campus conduct sanctions?
   o How does Title IX interact with criminal prosecutions?
   o How does Title IX impact the role of the complainant?
   o How does Title IX impact appeals?
   o How does Title IX impact conduct jurisdiction, off-campus?


• Learning from Caselaw
   o J.K. v. Arizona Board of Regents
   o Tiffany Williams v. the University of Georgia
   o Simpson v. the University of Colorado, Boulder
   o Jennings v. the University of North Carolina

 

A Great Resource For...

  • Student Affairs Administrators
  • Judicial Administrators
  • University Legal Counsel
  • Risk Managers
  • Human Resources Staff
  • Disability Services Personnel
  • Residential Life Administrators
  • Campus Law Enforcement
  • Student Development Staff
  • Faculty
  • Counseling Services Personnel
  • Health Services Staff
  • Women's Center Staff

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Student-on-Student Sexual Assault: Ten Best Practices

90 min. on CD-ROM.  Co-presented by Brett Sokolow, Scott Lewis and Saundra Schuster.  Original airdate October 9, 2009.

PowerPoint slides are included.

PRACTICAL ADVICE ON A TOUGH TOPIC:

Campus sexual assault remains a vexing and difficult challenge for colleges and universities. This webinar will identifies a set of ten best practices that we think will help colleges and universities to more effectively respond to and remedy campus sexual violence. Three presenters with unique insights and deep expertise share their perspectives in this 90-minute webinar.


TEN BEST PRACTICES:
1. View campus sexual violence through a civil rights lens
2. View campus sexual violence as both a crime and a policy violation, and know what to do when criminal and campus proceedings converge
3. Use policies to address what your institution will do with complaints from reluctant victims
4. Investigate all complaints. NO EXCEPTIONS
5. Clarify how your campus distinguishes sexual assault from sexual harassment, both in policy and procedures
6. Use the preponderance of the evidence as your standard of proof for hearing sexual misconduct complaints and mind the legal requirements that Title IX sets for sanctions – Is suspending him until she graduates a sanction that makes any sense in light of the research on predatory and multiple perpetrations?
7. Allow complainant/victim appeals
8. Develop a specially trained and/or separate investigation-based complaint process for remedying sexual misconduct complaints
9. Don’t use mediation or other forms of ADR as the sole means of addressing sexual violence
10. Clarify mandated reporting, privacy and confidentiality policies for university employees who become aware of a sexual assault

A GREAT RESOURCE FOR...
• Student Affairs Administrators
• Judicial/Student Conduct Administrators
• University Legal Counsel
• Risk Managers
• Human Resources Staff
• Disability Services Personnel
• Residential Life Administrators
• Campus Law Enforcement
• Student Activities and Student Development Staff
• Faculty
• Counseling Services Personnel
• Health Services Staff
• Women's Center Staff
• Campus sexual assault prevention, peer advocacy, peer education and women's issues groups


 
NCHERM, Higher Education Risk Management, Legal Consultant Brett Sokolow JD, Campus Law Counsel, Help Colleges Universities solve problems, Hazing, Drinking, Drunk Sex, Alcohol, Sexual Assault, Sexual Harassment, Date Rape, Consensual Relationships, Binge Drinking, Workshops, Programs, Sexual Misconduct Issues, Campus Crime Security, Speakers Alan Berkowitz, Katie Koestner, Campus Outreach Services, ASJA, He Said, She Said, NASPA, ACPA, CLHE, URMIA, Judicial Training, Code of Conduct, Model Code, Expert Witness, Clery Act, Title IX, FERPA  

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