In Gordon’s discussion with Emily Yoffe (the Dear Prudence author), he noted that the assistant professor should focus on the student first and find out her needs.  She might need significant support:  emotional, physical, legal and academic.

Core Issues Raised in the Conversation

According to the legal commentary:

• Campus sexual misconduct involves layered support needs – emotional, academic, legal, and safety-based.
• Student wellbeing must be prioritized before process optics.
• Confidential counsel from experienced employment lawyers can reduce institutional bias risks.
• School administrators may not offer legally privileged structuring advice when brand risk competes with duty to complain.
• Title IX legal frameworks often require specialized interpretation beyond internal HR consistency tests.

Why Employment Law Counsel Has a Strategic Advantage

Philip Gordon emphasized that employment lawyers:

• Can offer confidential advice protected by privilege.
• Provide an ally not driven by institutional preservation incentives.
• Understand classification and contract-based retaliation risks.
• Have experience navigating internal vs external reporting consequences similar across workplaces and universities.

You can read the full Slate article here. Philip is an experienced lawyer in Title IX matters and is currently representing Dr. Kimberly Theidon, in a Title IX case against Harvard University. To learn more about Title IX click here or contact us today.

He also recommended that the assistant professor speak with an attorney well versed in Title IX. Employment lawyers have the advantage of being in a position to provide confidential advice, without the competing motives of a school administrator who may be more concerned with maintaining the school’s reputation.

You can read the full column here. If you have any concerns about your job, please contact us today.