Paul Apicella

Higher Ed Lawyer @MMWR_Law Former in-house Title IX Administrator for three national universities. RTs / Likes ≠ endorsements & views are my own.

[Paul Apicella @TitleIXEsq]

Deciding whether to initiate a formal investigation of alleged sexual misconduct is a critical - and sometimes very difficult - part of the #TitleIX process.

Expelled USC kicker Matt Boermeester sues school over Title IX investigation https://t.co/4qJ1W1HhHi via @YahooSports

[Paul Apicella @TitleIXEsq]

@MCarletonOhio An indication that Title IX will, in fact, be next up?

[Paul Apicella @TitleIXEsq]

@chronicle Responding to a disclosure of sexual violence in real time is never easy, but the difficulties are compounded if faculty/staff aren't educated or given the practical skills to provide information and support to those in need. Not an easy task, but one that is necessary.

[Paul Apicella @TitleIXEsq]

It's that time of year again. Effective response to issues of sexual violence starts with training those on the "front lines."

Many Professors Have to Report Sexual Misconduct. How Should They Tell Their Students That? https://t.co/2mrxoKQfZ2 via @chronicle

[Paul Apicella @TitleIXEsq]

@J_Rich1 There’s only one.

[Paul Apicella @TitleIXEsq]

Take time to look out for your own well-being, and check in on your colleagues who may be struggling. Make sure that the people you work with and for are getting the version of you that they deserve.

[Paul Apicella @TitleIXEsq]

For those of us doing the work in the #TitleIX / #sexualmisconduct space, this is (unfortunately) a very busy time of year. Just remember that you can't do your best work if you aren't taking care of yourself, too.

[Paul Apicella @TitleIXEsq]

@marasmith214 Congrats, Mara!

[Montgomery McCracken @MMWR_Law]

Don't miss our partner Joel Rosen at the @NJAssocJustice's 2019 Boardwalk Seminar: https://t.co/fzUI6MAxil

[Paul Apicella @TitleIXEsq]

But all of this begs the question: What to do? The answer: 1) Hire, retain, & involve individuals trained & competent in dealing w/ relevant legal AND people issues; 2) Craft a policy that incorporates opportunities for discretion at multiple points in the #TitleIX process.

[Paul Apicella @TitleIXEsq]

Deciding whether to initiate a formal investigation of alleged sexual misconduct is a critical - and sometimes very difficult - part of the #TitleIX process.

Expelled USC kicker Matt Boermeester sues school over Title IX investigation https://t.co/4qJ1W1HhHi via @YahooSports

[Paul Apicella @TitleIXEsq]

It is easy to second-guess every decision with the benefit of hindsight and the release of selected facts, but balancing available information, institutional considerations, & the wishes of the parties in real time is often much more difficult than it seems.

[Paul Apicella @TitleIXEsq]

The bottom line: All of this is easier said than done, with a lot riding on getting it right from the start. The rights & safety of involved parties are primary, but the "right" answer isn't always clear - especially early on, when many outcome-determinative decisions are made.

[Paul Apicella @TitleIXEsq]

Institutional policies must also be written and implemented in a way that balances formality in the process with allowing for appropriate discretion by decision makers.

[Paul Apicella @TitleIXEsq]

It is important that individuals who make these key decisions are adequately experienced and trained to perform their roles, and that the evaluation process is informed by multiple perspectives.

[Paul Apicella @TitleIXEsq]

A decision to conduct a formal #TitleIX investigation is typically made very early on in the process, when substantial facts may or may not be known and decision makers are juggling multiple considerations as a situation develops.

[Paul Apicella @TitleIXEsq]

Important changes from the DOL:

[Montgomery McCracken @MMWR_Law]

DOL Issues Proposed Overtime Rule, Increasing Minimum Salary Threshold: https://t.co/TL5MmuMCkQ

[Paul Apicella @TitleIXEsq]

Sometimes conducting a fair and thorough investigation isn't enough. As @nellgluckman & @tebartl highlight, a comprehensive investigative plan includes considering how an administration can/should balance transparency to the community w other interests.

https://t.co/RsMm0Cf96v

[Montgomery McCracken @MMWR_Law]

Our firm pledges #Inclusion through our words & actions. Today we are raising money and awareness for @PledgetoInclude. To learn more about Spread the Word Inclusion, check out https://t.co/P6xPytUnmV #PledgetoInclude

[Paul Apicella @TitleIXEsq]

No matter what, we cannot afford to lose sight of the fact that #TitleIX and sexual misconduct issues are people issues, not merely compliance mandates.

[Paul Apicella @TitleIXEsq]

The details may be more complicated than they appear in the article, but this is a tragic story that emphasizes the stakes often involved in reports of campus sexual assaults.

William Paterson University Settles Title IX Claim for $800,000 https://t.co/2sGg2CikM8 via @NJLJ