Investigating Misconduct in Collegiate Athletics

SERVICES

Investigations

Allegations of sexual misconduct and discrimination can have serious and long-lasting implications for the individuals and organizations involved. Failure to diligently investigate such reports can impact an organization’s reputation for many years. Our investigations navigate and address the sensitive issues of physical and mental health, privacy, rights of the complainant and the accused, retaliation, and civil and criminal liability.

Dan Schorr, LLC’s professionals conduct prompt and thorough misconduct investigations that seek to determine credibility, develop relevant facts, and reach findings with independence and objectivity. Whether in response to specific allegations or as part of an organizational climate investigation, we interview relevant witnesses and examine written statements, email, text messages, social media, digital forensic data, medical records, and other evidence. We then deliver a clear and comprehensive report of our findings and recommendations.

Our investigators are also pre-approved Sexual Misconduct Investigators for the United Educators ProResponse Expert Services Benefit and ATIXA-certified.

Decision Makers and Hearing Officers

Our experts utilize their extensive hearing and trial experience to ensure fair, reliable, and comprehensive proceedings for all types of misconduct matters. Title IX hearings under the new Department of Education regulations are complex and high-pressure for all involved. They require a hearing chair who is intimately familiar with relevant Title IX law and campus policy, is an expert in evidentiary rules, and is able to successfully oversee hearings with the appropriate temperament.

Dan Schorr, LLC provides skilled Title IX professionals to serve as single-person decision makers, three-person hearing panels, or hearing chairs that serve with a client’s internal panelists.  Prior to the hearing, we review client policies and procedures, examine the investigation report, and lead pre-hearing conferences with the parties, advisors, Title IX coordinator, legal counsel, and any other relevant individuals. We then manage all questioning and evidentiary rulings at the hearing, conduct panel deliberation, reach a finding utilizing the applicable standard of proof, and write a substantive, evidence and policy-based notice of determination, including recommended sanctions and remedies.

Trainings

With law, policy, and perceptions about identity-based misconduct rapidly evolving, it is essential that your community understand the most up-to-date Title IX and Civil Rights requirements, best practices, and nuances of this challenging area.

Dan Schorr, LLC provides expert training for investigators, decision makers, hearing officers, and advisors, as well as preventive and responsive trainings on misconduct, harmful behavior, and bias for community members. Our professionals conduct tailored training sessions incorporating specific institutional policies, relevant federal and local law, and interactive discussions and exercises focused on the audience’s needs. We leverage our decades of experience as professionals in Title IX and Civil Rights and as educators to create engaging, memorable, and useful learning opportunities for your community.

Policy and Program Reviews

In today’s climate of changing regulations and increased public scrutiny, it is imperative to ensure that your organization’s Title IX and anti-discrimination policies and procedures are compliant with relevant laws and best practices.

Dan Schorr, LLC offers policy and program reviews to assess whether existing or proposed policies and procedures are appropriately designed and implemented to protect your community and your organization. Our professionals have expertise in understanding and applying federal and local law, as well as the nuances of current conversations about identity and bias. We assist institutions of higher education, K-12 schools, companies, non-profits, and governmental bodies throughout the U.S., and we deliver guidance and analysis based on a comprehensive understanding of what makes a policy or program effective both generally and for your unique community.

Interim Title
IX Officials

Maintaining an experienced, dedicated presence in Title IX and misconduct response positions during temporary leave periods or after unexpected departures is essential for ensuring a seamless continuation of any organization’s compliance with law and policy, as well as maintaining a culture focused on equity, inclusion, and employee and student development. Interim personnel with a deep understanding of relevant subject matter and best practices are necessary to provide optimum continuity for managing misconduct investigations and adjudications, fostering campus-wide collaboration, leading individual and group training, and maintaining positive relationships with employees, staff, and students.

Our experts are trained and ready to fill in as interim Title IX coordinators, deputy coordinators, internal investigators, hearing officers, and other roles to keep your organization functioning successfully. We have extensive experience coordinating and leading complex investigations at educational institutions nationwide regarding allegations involving students, faculty, staff, and administrators. In addition, we regularly provide expert consultation incorporating the latest developments in law, policy, and best practices. We are prepared to utilize this experience to ensure steady, reliable, and nuanced interim leadership and assistance.

Advisors

Effective Title IX hearings require effective party advisors. Advisors must be ready to provide policy and process guidance, navigate access to institution resources, advocate on behalf of their advisees, cross-examine parties and witnesses at hearings, and support advisees throughout this difficult process. Dan Schorr, LLC offers advisors to be chosen or assigned at any stage of the complaint, investigation, or hearing process. We prioritize the needs and well-being of advisees, acting as support while providing expert assistance necessary to ensure a level playing field and due process. Our advisors are trained in the nuances of the Title IX process and experienced in courtroom cross-examination, bringing to the role an appreciation for universal best practices in advocacy as well as the differences between the courtroom and the Title IX hearing. 

Mediations and Informal Resolution Facilitation

Many issues of sexual misconduct, discrimination, and harassment can be resolved through alternative means. Informal resolutions provide an opportunity for parties to be more involved in shaping their own outcomes and avoid much of the stress and difficulty of the formal investigation and hearing process.

Our experts are experienced in facilitating a variety of informal or alternative resolutions under Title IX and other discrimination and harassment policies, including facilitated agreements, shuttle diplomacy, facilitated dialogues, and mediation. Our certified mediators focus on providing space for parties to voice concerns, validating and reflecting the emotions and challenges that accompany these issues, and facilitating the parties in finding their own solutions and paths forward. Dan Schorr, LLC offers services in a variety of methods of informal resolution, and will assist your organization in managing the resolution process from initial assessment to determine whether informal resolution is appropriate through to final agreements and carrying out agreement terms.

Expert Witness Testimony

Our professionals can provide expert witness testimony in matters involving Title IX campus investigations, adjudications, and other issues.

Contact Us

477 Madison Avenue, 6th Floor

New York, NY 10022

+1.914.625.6270 | [email protected]

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