Title IX Informal Resolution with BartlettJames.
Overview.
Facilitated By Experienced and Certified Mediators
The federal Title IX regulations offer the opportunity for certain formal Title IX complaints to be resolved through an informal resolution process. Title IX informal resolution represents a less structured and, at times, a more suitable alternative for certain Title IX cases. With the ability to develop a resolution that incorporates and reflects the decisions of the parties themselves, Title IX informal resolution may lead to more mutual, customized, and successful outcomes for the parties.
Requirements. The Title IX regulations provide certain requirements for institutions of higher education that determine to offer informal resolution:
• Any person who facilitates information resolution must be trained on the definition of sexual harassment, the scope of the institution’s education program or activity, and how to conduct the informal resolution process;
• If an institution chooses to offer informal resolution, it must establish reasonably prompt time frames for conclusion of the process;
• Institutions may not require students or employee to waive the right to an investigation and adjudication of a formal complaint of sexual harassment as a condition of enrollment or employment;
• Parties may not be required to participate in informal resolution. The decision to do so requires the mutual agreement of both parties; and
• Institutions may not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student; and
• Informal resolution may be offered at any time during the grievance process prior to a determination regarding responsibility.
Notice. The informal resolution process requires written notice of the following to the parties:
• The allegations;
• The requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations;
• That at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process; and
• Any consequences resulting from participation in the informal resolution process, including the records that will be maintained or could be shared.
Records. Institutions must maintain records of any informal resolution and the result from it for a period of seven years. Additionally, institutions must maintain and make publicly available on their websites for seven years all materials used to train persons who facilitate informal resolution, as well as those used to train investigators and decision-makers. All team members of BartlettJames have the requisite training. Upon request of a client institution, our company will provide for posting on our clients’ websites our training materials.
BartlettJames is available to facilitate a range of informal resolution methods, including mediation, conciliation, and negotiation in Title IX cases. If offered by an institution, and upon the agreement of the parties to a formal Title IX complaint, our team of experienced mediators can facilitate an appropriate alternative dispute resolution process for the parties.
As a neutral entity with team members with decades of legal experience, BartlettJames brings impartiality and depth of understanding to each Title IX case—ensuring fairness to the parties throughout the process and reducing legal and reputational threats to your institution.
If you need an informal resolution facilitator, contact us today. Our team carefully ensures adherence to your institution’s policies and has proven experience resolving complaints with expedience, respect, and sensitivity.
Team.
Robert (Bert) E. Nunley
Chief Financial Officer & Executive Committee MemberBert is one of the two co-founding members of BartlettJames LLC. He serves on our Executive Committee. In addition to serving as an experienced Title IX investigator and administrative decision maker, Bert is also responsible for administration of the firm’s personnel and fiscal matters. He enjoys a national reputation as one of the preeminent trial attorneys in America, with vast courtroom and jury experiences that few can equal. He has served more than 35 years as a prosecutor, defense counsel or judge in administrative, civil and criminal matters involving the military, state and federal courts, and courts overseas. Bert is based in North Carolina.
Robert (Bert) E. Nunley.
Bert is one of the two co-founding members of BartlettJames LLC. He serves on our Executive Committee. In addition to serving as an experienced Title IX investigator and administrative decision maker, Bert is also responsible for administration of the firm’s personnel and fiscal matters. He enjoys a national reputation as one of the preeminent trial attorneys in America, with vast courtroom and jury experiences that few can equal. He has served more than 35 years as a prosecutor, defense counsel or judge in administrative, civil and criminal matters involving the military, state and federal courts, and courts overseas. Bert is based in North Carolina.
Bert is retired from the U.S. Marine Corps, where he served for 22 years as a career infantry officer and judge advocate. Upon his retirement, he served as an Assistant Attorney General for the State of North Carolina, before going into private practice in 2000. He has participated as either the prosecutor or defense counsel or judge in more than 750 jury trials and in more than 14,000 criminal cases, while he has supervised subordinate counsel and judges in many thousands more matters. As a military judge, he presided over several highly-publicized trials of national and international interest, including the 1998-99 court-martial of a Marine pilot for the deaths of 20 people in the Italian Alps, after a jet flew through a gondola cable and dropped them 356 feet to their deaths. Bert was also retained by the Associated Press to help defend Bilal Hussein, a Pulitzer Prize-winning photojournalist held by the U.S. military in Iraq as a terrorist. He and his team fought those allegations in the Central Criminal Courts of Iraq in Baghdad, ultimately securing Mr. Hussein’s release in April, 2008.
Bert has held above top secret clearances in the military and has participated or lead multiple investigations with Congressional and/or National Command Authority (NCA) interest. He is also a frequent lecturer on ethics, professionalism, and trial advocacy, and he has participated in more than 20 officer-involved-shootings (OIS) investigations.
Bert is a Distinguished Graduate of the University of Kansas with a Bachelors of Arts degree in Political Science and a Distinguished Graduate of the University of Kansas School of Law (Order of the Coif), where he served as an editor on both the Kansas Law Review and the Kansas Criminal Procedure Review. He holds an LL.M., with distinction, in Military Law with a Criminal Law Specialty, from The Judge Advocate General’s School, U.S. Army, in Charlottesville, Virginia. Bert was also the Distinguished Graduate of the 38th Military Judges Course.
Margaret Person Currin
Margaret has conducted countless Title IX investigations. The wisdom and experienced she earned during her highly-distinguished career routinely proves invaluable to our higher education clients. She enjoyed more than 30 years of service as the United States Attorney for the Eastern District of North Carolina, as a renown legal educator and law school administrator, and as a staff member for a United States Senator. She has also served on multiple boards of directors and engaged in a private law practice representing clients before state and federal administrative agencies. Margaret is based in North Carolina.
Margaret Person Currin.
Margaret has conducted countless Title IX investigations. The wisdom and experienced she earned during her highly-distinguished career routinely proves invaluable to our higher education clients. She enjoyed more than 30 years of service as the United States Attorney for the Eastern District of North Carolina, as a renown legal educator and law school administrator, and as a staff member for a United States Senator. She has also served on multiple boards of directors and engaged in a private law practice representing clients before state and federal administrative agencies. Margaret is based in North Carolina.
For more than 30 years, Margaret served the Campbell University School of Law in myriad capacities. She taught a wide variety of subjects with immediate relevance to clients of BartlettJames, while also serving as the Associate Dean for Academic, Student and Administrative Affairs, as an Assistant Dean for External Relations, and as the founding Director of Campbell’s nationally-recognized Externship Program. Margaret has served as lead investigator in numerous Title IX investigations for numerous university clients. Likewise, she has presented Title IX educational programs to several higher education clients. She has also conducted specialized investigations into matters involving the sexual mistreatment of minors.
Of significant note, Margaret was appointed by the President, confirmed by the U.S. Senate, and served as the United States Attorney for the Eastern District of North Carolina for five years—a position as the chief federal attorney for civil and criminal matters in 44 out of the 100 counties in North Carolina. Subsequent to that position, she has continued her federal work by serving in the National Association of Former United States Attorneys (NAFUSA) for the past three decades, including several terms on its Board of Directors and all the offices in its leadership chain, culminating with President in 2003-2004.
In addition to her work in legal education and as a United States Attorney, Margaret has also served for the past ten years on the North Carolina Rules Review Commission, including stints as the Chairman and First Vice-Chairman. The Rules Review Commission is the state agency created by the General Assembly to review and approve rules adopted by State of North Carolina agencies. She further serves or has served on multiple Boards of Directors for the North Carolina Bar Association and the Wake County Bar Association/10th Judicial District Bar, while also serving on and chairing the Wake County Board of Elections. In recognition of her exemplary service to the State of North Carolina and her community, Margaret was awarded the Order of the Long Leaf Pine, the most prestigious award conferred by the Governor of North Carolina.
Margaret received her undergraduate education at Meredith College in Raleigh, North Carolina, and graduated, with Honors, from the Campbell University School of Law, currently in Raleigh, North Carolina, where she was a member of the Campbell University Law Review Editorial Board. Margaret also has engaged in graduate legal studies at the Georgetown University Law Center in Washington, D.C.
Bruce Ambrose
Bruce serves our clientele as a highly experienced Title IX Decision Maker and informal resolution mediator. His talents as an investigator and analyst were honed over the course of his distinguished 38 year career as an Assistant United States Attorney, an Assistant State Attorney General in North Carolina, and as a highly-regarded Judge Advocate in the United States Air Force. Bruce is based in Florida.
Bruce Ambrose.
Bruce serves our clientele as a highly experienced Title IX Decision Maker and informal resolution mediator. His talents as an investigator and analyst were honed over the course of his distinguished 38 year career as an Assistant United States Attorney, an Assistant State Attorney General in North Carolina, and as a highly-regarded Judge Advocate in the United States Air Force. Bruce is based in Florida.
After law school, Bruce prosecuted cases in the Mercer County Prosecuting Attorney’s Office in Princeton, West Virginia for four years. Bruce left West Virginia to join the U.S. Air Force as a Judge Advocate, where he served on active duty for eight years, including a tour as a Circuit Counsel prosecuting dozens of courts-martial at over 20 bases in multiple states. After leaving active duty, Bruce served five years as an Assistant Attorney General for the State of North Carolina, assigned to the Mental Health Section of the Division of Health and Human Services. While there he represented the state in state and federal courts in contested personnel cases and in alleged civil rights violations and whistleblower retaliation allegations, among many complaints. Bruce then joined the U.S. Attorney’s office in Orlando, Florida, where he served as an Assistant U.S. Attorney for 16 years prior to retirement. While there, among many complex cases, he lead a multi-agency task force that prosecuted a Ponzi scheme operator who bilked thousands of investors out of more than $200 million dollars and convicted 42 members of a multi-level cocaine smuggling conspiracy. He also successfully prosecuted two federal correctional officers for bribing a federal inmate to assault another inmate, resulting in the latter’s death.
After leaving active duty in the Air Force and concurrent with his civilian career, Bruce continued to serve as a Judge Advocate in the U.S. Air Force Reserve. He was an instructor and featured lecturer at the Air Force Judge Advocate General’s School for over a decade in the 1990s, teaching basic and advanced litigation courses each year, and he served a tour as a military judge. He also earned extensive management experience while serving as the Senior Reserve Judge Advocate in three major commands (Special Operations Command, Space Command, and Air Combat Command) where he supervised scores of junior military attorneys at bases throughout the country. In 2012, Bruce was hand-picked to serve as the Chief of Staff and Staff Judge Advocate at U.S. Central Command’s Office of the Defense Representative for Pakistan, located in the U.S. Embassy, Islamabad, Pakistan. While there, Bruce was the leader of a U.S. inter-agency team negotiating an agreement with the Government of Pakistan to permit the transit of U.S. and NATO supplies into and out of Afghanistan across Pakistan territory. For his significant accomplishments during this last tour, the Secretary of Defense awarded Bruce the Defense Superior Service Medal, the second highest peace-time award in the Department of Defense.
Bruce graduated from Duke University with a Bachelor of Arts degree, with Honors, majoring in Political Science and History. He is a graduate of West Virginia University College of Law.
Informal Resolution Services for Title IX Cases:.
How BartlettJames Can Help
With colleges and universities explicitly permitted to offer informal Title IX resolution with the voluntary written consent of the parties, parties to a formal Title IX complaint have the opportunity to address their grievances in a more flexible, less stressful, and more cost-effective setting than the formal Title IX hearing.
When the dynamics of a Title IX case lend themselves to an informal resolution of the complaint, bringing a neutral and experienced external mediator helps ensure the objectivity and fairness expected of institutions of higher education.
Our team of informal resolution facilitators at BartlettJames can facilitate a range of informal solutions through a neutral and constructive approach. We are frequently able to assist the parties and the institution resolve underlying interpersonal dynamics, resulting in a satisfactory conclusion for the parties and the institution.
Title IX Informal Resolution Methods
Our experienced and certified mediators can handle the complex challenges associated with effecting a satisfactory resolution for disputing parties, including disputes arising from Title IX allegations. Our trained facilitators can assist with a full range of informal resolution methods, especially mediation and negotiation.
Before engaging in informal resolution, our team will study your institution’s implementing Title IX policy to ensure compliance throughout the process.
Why Choose BartlettJames for Title IX Informal Resolution?
With years of experience navigating the legal, social, and political complexities of the higher education environment, BartlettJames is prepared to facilitate informal resolution in an experienced, efficient, and professional manner. While we never impose an outcome, our goal is to assist parties with achieving a mutually agreed and fair resolution that is satisfactory to all parties.
Impartial and Highly Detailed Approach
Our team is committed to an impartial and objective approach as a trusted third party and facilitator. We bring thoughtful solutions to your institution, carefully assessing your needs, the needs and expectations of the parties, the nuances involved, and the details of your policies.
Exceptional Ability to Support Creation of a Safe Environment
Our certified mediators are particularly skilled at creating a healthy and respectful environment for disputing parties to come to a resolution. That means the parties will be respected and understood while navigating the allegations and communicating, despite often difficult interpersonal dynamics.
Highly Experienced Team
We apply our experience from years of experience with mediations, investigations, and hearings. We understand the dynamics of life on college campuses and are intimately familiar with common issues, pitfalls, and challenges faced by parties to Title IX allegations.
Get In Touch With BartlettJames Today to Help Facilitate and Resolve Title IX Complaints
If your institution is looking for a neutral entity to facilitate a fair and professional Title IX informal resolution process, get in touch with our team. Let us work with your institution and the parties to a formal Title IX complaint to achieve an effective resolution through a respectful, fair, and timely process.
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1. Because the 2024 Title IX regulations have been enjoined by federal court orders from enforcement in 26 states, as well in 500 other institutions of higher education across most states, including in states not subject to the court orders pertaining to the 26 states, this discussion is based on the 2020 Title IX regulations. Given the recent re-election of Donal Trump, and the fact the 2020 regulations were issued by the Department of Education while he was president, it is likely the 2020 regulations, or a very close version of them, will be in force during the next presidential administration. Consequently, and without commenting on the relative merits of the 2024 regulations vis a vis the 2020 regulations, this discussion uses the 2020 regulations as its basis.
