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The Law & EducationAuthor: Institutional Compliance Solutions/Courtney Bullard - Title IX Attorney
The Law & Education podcast discusses the many legal issues that affect colleges and universities and intersect with Title IX. Host Courtney Bullard interviews subject matter experts, thought leaders and advocates to provide a diverse perspective on these legal issues and Title IX compliance. Courtney also provides informational podcasts to address new changes in the law. Language: en Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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Episode 86: Parallel Criminal and Title IX Process with Betsy Smith
Episode 86
Thursday, 22 October, 2026
What happens when a criminal investigation and a Title IX investigation happen at the same time? Today on the Law and Education Podcast, and in light of the recent Cornell case, we're rerunning a past episode on a parallel criminal and Title IX process. Joining us for this discussion is the Chief Innovation Officer at Institutional Compliance Solutions (ICS), Betsy Smith. Tuning in, you'll hear about Betsy's experience as a prosecutor in domestic violence cases and child sex crimes, how the criminal process works when someone has been accused of a crime versus how the civil process works, why these processes have to be run separately, and why the outcome of one cannot determine the outcome of the other. We delve into how Betsy thinks law enforcement and an institution can work together when interviewing a complainant to avoid retraumatizing them before discussing the challenges an SRO experiences in their dual role and mandatory reporting requirements for violations. Betsy goes on to discuss being guilty beyond a reasonable doubt versus being responsible, breaks down some important terms, and touches on what violations fall under Title IX. She also shares some advice for handling sexual harassment, domestic violence, and dating violence cases. Finally, our guest touches on the importance of learning more about the cycles of abuse and how it affects cases as a Title IX Coordinator. Thanks for listening! Key Points From This Episode: An introduction to today's rerun episode and why it's being replayed. A brief overview of Betsy Smith's background as a former prosecutor. The difference between civil and criminal processes, and why they're separate. How the dismissal of criminal cases may (problematically) affect a civil case. Thoughts on how to interview victims sensitively to avoid retraumatizing them. How law enforcement and an institution can work together during a criminal/Title IX case. Why the role of an SRO feels like a dual role and the power of communication. The mandatory reporting requirements for a potential violation. Betsy shares the distinction between being responsible and being guilty. A breakdown of relevant legal terms and what they mean in these processes. Understanding Title IX violations and why defining sexual harassment can be complex. How the psychological effects of cycles of abuse may affect whether a victim complains. Links Mentioned in Today's Episode: Betsy Smith on LinkedIn ICS Higher Ed Community Access K-12 Community Access Higher Ed Virtual Certified IX Training K-12 Virtual Certified Title IX Training ICS Blog Courtney Bullard on X Learn about Becoming a Community Partner
