Fall 2024 Newsletter
As the weather turns cooler, it’s time to share Nearpass & Koegel’s fall update.
In this newsletter:
New Faces
Firm Happenings
Legal Updates
Tech Corner
Upcoming Events
New Faces
Firm Happenings
Nearpass & Koegel is proud to announce that Kate Nearpass and Rachel Koegel are now NY-licensed Private Investigators.
In July, Nearpass & Koegel hosted the Association of Workplace Investigators (AWI) Upstate New York Local Circle with guest Julie A. Heinig who spoke about utilizing DNA evidence in investigations.
In August, Kate taught the webinar “Navigating AI in Workplace Investigations: Opportunities and Best Practices” to members of AWI.
Rachel and Nicole attended the AWI Annual Conference in San Diego, California in September. This conference provided updates on current investigation trends and brought together investigators from all over the country.
In October, Rachel and Kate presented to the Monroe County Bar Association about the importance of quality workplace investigations and the business of an investigations-focused firm.
Nearpass & Koegel hosted the AWI Upstate New York Local Circle on October 16. Eli Makus, from Van Dermyden Makus Law Corporation led a discussion focused on privilege in investigations.
On October 23, Nearpass & Koegel sponsored the fall HR Legal Update for the Genesee Valley Chapter of the Society for Human Resource Management (GVCSHRM).
Legal Updates
Title IX Regulations | The updated Title IX rules issued under the Biden Administration went into effect on August 1. However, federal judges have issued six injunctions blocking enforcement of the new rules in 26 states and at hundreds of schools across the country. The injunctions were issued in relation to lawsuits challenging the new rules, specifically the protections for LGBTQ+ students.
Higher education institutions and school districts are caught in the crossfire as tensions rise over the rule changes. In September, LGBTQ+ advocacy groups filed a federal complaint against a Wisconsin school district for allegedly violating the new Title IX regulations.
At this point in time, when and how to comply with the rule changes has become a very individualized assessment.
Title VI Enforcement | Educational institutions should take note of the U.S. Department of Education’s Office for Civil Rights’ (OCR) recent resolution agreement with Brown University. The agreement highlights OCR’s commitment to enforcing Title VI’s protections from discrimination-based upon race, national origin, or shared ancestry.
The resolution addressed five “Action Items” including policy revisions, annual training, record keeping, response to complaints, and steps taken to improve the overall campus climate.
This settlement and other recent OCR decisions provide institutions with some guidance for reexamining their own policies and procedures to mitigate the possibility of adverse outcomes under a Title VI enforcement action. Read more
As always, our attorneys are up to date with the changes in the Title VI and IX landscapes and are prepared to handle your civil rights compliance investigations, hearings, appeals, and other needs.
Tech Corner
Kate reviews Notebook LM, the new tool from Google
Interim Support
As a reminder to our clients, Nearpass & Koegel offers interim support services to institutions of higher education and other companies. Our attorneys can step in to assist when you need coverage for open compliance positions or when your business has a skill gap.
Whether it is Title IX or interim investigation support, Nearpass & Koegel can ensure you are addressing complaints in an appropriate and timely manner.
Upcoming Events
Nearpass & Koegel will sponsor the 34th annual Legal Issues in Higher Education Conference at the University of Vermont, October 28-30.
In November, Kate will teach at the sold out AWI Training Institute for Workplace Investigators, leading small-group learning sessions on the topics of report writing and interview skills.
AWI will open registration for its 2025 Training Institutes in the coming weeks. Rachel will teach at the May 2025 Institute in Portland, Oregon, and Kate will teach at the August 2025 Institute in Nashville, Tennessee. You can visit the AWI website to review the offerings and curriculum information. These programs typically sell out, so register early if you are interested in attending.
If you would like to discuss any topics covered in this newsletter or if you need assistance with investigations, mediation, Title IX services, or training, please contact us. We are here to assist you.
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