Title IX Celebrates L

Title IX of the Education Amendments of 1972 was signed into law to protect individuals in educational institutions that receive public funds (both public and private) from being discriminated against based on sex.

Title IX is a federal civil rights law that states: “No person in the United States shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 50 years later, Title IX continues to be a controversial issue and new proposed regulations were issued in June by the United States Department of Education which may significantly alter Title IX investigations and proceedings.

Law firms now have Title IX niche departments like McAndrews, Mehalik,

(MLO) who has founded a department to specifically address the needs of individuals (both accused and victims) involved in disciplinary proceedings in higher education ... The University Discipline Practice Group of MLO led by Dennis C. McAndrews, Joseph E. McGettigan III, and Nancy E. Potter.

In honor of the 50th year milestone of Title IX, MLO attorney, Joe McGettigan, Esq., was interviewed by J.F. Pirro of Main Line Today Magazine and featured in Pirro’s piece titled How Title IX Impacts Education on the Main Line. In the interview, McGettigan discusses the necessity of obtaining highly experienced and skilled attorneys to investigate and resolve such complex issues on campuses. Title IX investigations and disciplinary proceedings which stem from allegations of misconduct and academic integrity can be complicated and difficult to navigate. Most importantly, these intimidating matters can often affect a student’s mental and emotional health.

McGettigan has seen firsthand the influence that this legislation has had on schools, sports, and higher education. His extensive legal background includes successfully prosecuting former Penn State football coach, Jerry Sandusky, who was found guilty on 45 counts of child sexual abuse. McGettigan and Dennis McAndrews were co-prosecutors in the 1997 trial of multi-millionaire, John du Pont, for the murder of Olympic Gold medal wrestler, David Schultz, on the Foxcatcher Estate in Delaware County, Pennsylvania.

McGettigan has decades of experience trying these extremely sensitive and complex cases, and he is a powerful advocate when representing students who have been involved in Title IX matters and disciplinary proceedings at colleges.

Presenter: Kalani Linnell, Esquire, who joined Raffaele Puppio in 2022 as an associate wherein she represents public and private schools in all areas of education law, including special education, Title IX, and general solicitor matters. Kalani is a reliable resource to clients on Title IX/sexual harassment, the First Amendment, employment matters, the Pennsylvania School Code, and Right to Know requests.

In 2020, Kalani worked with the Pennsylvania School Board Association (PSBA) on the model policy for trauma informed approaches to education as well as the model policy incorporation Title IX’s sexual harassment response requirements.

Before joining Raffaele and Puppio, Kalani represented public schools and colleges at Barley Snyder in central Pennsylvania. Kalani also performed investigations and acted as a hearing officer for a national Title IX consulting firm. In addition, Kalani worked with school aged children as a swim coach for six years and acted as a first responder for the Ocean City, MD Beach Patrol for ten seasons.

Program Summary: Title IX of the Educational Amendments Act of 1972 prohibits discrimination on the basis of sex in schools and colleges. Recent changes to the regulatory scheme as well as the social climate have created implementation issues for schools. Attendees learned about the origins of Title IX, how the guidance has changed throughout the years culminating in the 2020 regulations, and what to expect out of the proposed regulations of 2022.

Kalani also served as a Panelist for a Workshop entitled “Education Law Update: The Legal Impact of COVID on Education; Title IX; Harrassment and Assaults in School; and School Funding in Pennsylvania”, presented at the Association’s 49th Annual Bench Bar Conference. The panelists in addition to Kalani included Matthew J. Bilker, Facilitator; D. Daniel Woody; and Gabrielle C. Sereni.