Loyola University Chicago

Dan K. Webb Center for Advocacy

School of Law

The Rise of Title IX Litigation


Dan K. Webb Center for Advocacy

The 2017 Philip H. Corboy Lecture in Advocacy

The Rise of Title IX Litigation: Investigation, Adjudication, and Remediation of Sexual Violence on Campus

Tuesday, October 24, 2017
6:00 PM

Philip H. Corboy Law Center, 25 E. Pearson Street
Power Rogers & Smith Courtroom – 10th Floor
Chicago, IL

Should colleges be in the business of adjudicating sexual assault?  Is the preponderance standard the right evidentiary standard for campus misconduct hearings involving rape?  The on-going debate over how to handle sexual assault on campus rages on in the media and in Washington D.C. as today’s college students – and the attorneys who represent them – are on the front lines.

Since the landmark “Dear Colleague” letter was issued by the Department of Education, Office for Civil Rights, in April 2011, all colleges and universities that receive Federal funding have been compelled to address the prevalence of campus sexual violence and the hostile educational environments that sometimes result.  Students who believe their institution has failed to comply with the requirements of Title IX in resolving a complaint of sexual violence may file a complaint with the Office of Civil Rights or seek redress in civil court.  Critics of the Department of Education’s guidance on Title IX cases maintain that the current system has resulted in too many cases of falsely accused students being deprived due process by overzealous or misguided campus administrators.  On  September 22, 2017 the current Acting Assistant Secretary for Civil Rights issued a letter formally withdrawing the statements of policy and guidance reflected in the U.S. Department of Education’s April 2011 “Dear Colleague” letter.

Over the last six years, attorneys representing victims of sexual assault, students accused of assault, and attorneys representing institutions have engaged in a flurry of litigation in an effort to seek a fair and just resolution that balances the safety of the community with the due process rights of all students involved.  Given the recent developments with the rescission of the “Dear Colleague” letter and guidance, the future for litigation in this area is uncertain.  Distinguished panelists will discuss the new Illinois legislation aimed at preventing sexual violence in public and private higher education institutions statewide, as well as their research and experiences litigating cases in this complex arena.

Registration and Pre-Reception will begin at 5:30pm 


Welcome and Introduction
Professor Zelda Harris, Director of the Dan K. Webb Center for Advocacy

 Illinois Preventing Sexual Violence in Higher Education Act
Cara Hendrickson, Office of the Illinois Attorney General

“Campus Misconduct, Sexual Harm and Appropriate Process:  The Essential Sexuality of It All”
Professor Katharine Baker, IIT Chicago-Kent College of Law

Representing Student Victims of Sexual Assault in Title IX Claims
Jim Navarre, Mossing & Navarre LLC

Representing Institutions of Higher Education in Title IX Claims
Scott Warner, Franczek Radelet PC

Institutional Care and Support of Students when Responding to Gender-Based Misconduct in a Changing Title IX Landscape
Tim Love, Loyola University Chicago

Q & A

This program has been approved by the Illinois MCLE Board for 1.0 credit hour. 

Free and open to the public.  Admission is $10 for those seeking Illinois MCLE credit.


The Annual Philip H. Corboy Lecture features prominent speakers on current issues of trial advocacy, and is open to the professional community.  The Corboy Lectures were established as part of the Philip H. Corboy Fellowship program. The first lectures took place during the 1995-96 academic year.

Please join us for a reception following the program.


110 ILCS 155/ Preventing Sexual Violence in Higher Education Act 

Office of the Illinois Attorney General’s Summary of the IL Preventing Sexual Violence in Higher Education Act

Office of the Illinois Attorney General’s Understanding Your Rights Brochure

“Campus Misconduct, Sexual Harm and Appropriate Process:  The Essential Sexuality of It All.” (2017, Summer). Association of American Law Schools Journal of Legal Education, 66(4).
Author:  Katharine K. Baker

“Dear Colleague” Letter of April 4, 2011

September 22, 2017 Rescission of the April 4, 2011 “Dear Colleague” Letter

September 27, 2017 Franczek Radelet Bulletin on the Office of Civil Right’s Withdrawal of Obama Era Guidance on Title IX

Loyola University Chicago’s Commitment to Title IX

Loyola University Chicago’s Community Coalition on Gender-Based Violence

Loyola University Chicago’s Primary Title IX Information Page


Cara Hendrickson, Office of the Illinois Attorney General
Cara Hendrickson is the chief of the Public Interest Division in the Office of Illinois Attorney General Lisa Madigan.  In that role, she is responsible for managing investigations and litigation for seven bureaus: civil rights, disability rights, workplace rights, public utilities, tobacco enforcement, antitrust, and special litigation.  Prior to joining the Attorney General's Office, Cara was a partner at Hughes, Socol, Piers, Resnick & Dym in Chicago, where she concentrated her practice in the areas of civil rights, constitutional law, and labor and employment.  Cara also served as a law clerk to the Honorable Ann Claire Williams of the United States Court of Appeals for the Seventh Circuit, practiced at a large law firm, and worked as a Skadden Fellow at a Chicago nonprofit focused on affordable housing.

Professor Katharine Baker, IIT Chicago-Kent College of Law
Professor Katharine Baker is a University Distinguished Professor of Law at IIT Chicago-Kent College of Law.  She has been writing about rape and sexual assault, particularly on college campuses, since the mid-1990s.  Her work in this area has focused on male motivation and men’s sense of sexual entitlement, as well as on how ill-equipped criminal law and procedure are to address issues of sexual misconduct between acquaintances.  Recent work includes both an explicit defense of treating sexual misconduct as a form of discrimination and an argument that resistance to doing so stems from a reluctance to accept the idea that women are actually hurt by nonconsensual sexual activity.

Jim Navarre (JD ’93), Mossing & Navarre LLC
Jim Navarre’s practice focuses on personal injury, medical malpractice, and complex civil litigation including Title IX.  He has obtained numerous multi-million dollar jury verdicts and settlements on behalf of his clients in several jurisdictions.  He practices in both federal and state court.  He has represented clients in numerous high profile cases.  Jim has lectured on evidence and trial advocacy for DePaul College of Law and Loyola University Chicago School of Law.  He is a co-author of chapters for Illinois Civil Practice.

Scott Warner, Franczek Radelet PC
Scott Warner is a partner with the Chicago law firm of Franczek Radelet where he is a co-chair of its Higher Education Practice Team and a member of the firm’s executive committee.  Scott served as Assistant and Associate General Counsel for Northwestern University for approximately four years prior to entering private practice for a second time in 2006.  His current practice focuses on the representation of both private and public colleges, universities, and other institutions of higher education in a wide range of governance, faculty, student, and general employment matters.  Scott is a member of the National Association of College and University Attorneys (NACUA) and a member of the NACUA Board of Directors.  Scott has also served on several NACUA committees and has presented nationally at a number of conferences.  After graduating from law school, Scott clerked for the Honorable Jay C. Waldman of the U.S. District Court for the Eastern District of Pennsylvania.

Tim Love (JD ’13), Loyola University Chicago
Tim Love is associate dean of students at Loyola University Chicago, where his responsibilities include – but are not limited to – overseeing student conduct, behavioral concerns, and compliance with Title IX, the Clery Act, VAWA, and related laws and regulations.  Tim also represented Loyola University Chicago in supporting and contributing to the Illinois Preventing Sexual Violence in Higher Education Act.  As an administrator and educator, Tim offers an educational and mission-driven perspective to the work of combating campus sexual violence in addition to recognizing the importance of legal compliance.