Erin E. Butcher
Erin Butcher advises higher education entities on Title IX, athletics compliance and name, image, and likeness matters, and employment matters and is an experienced litigator and mediator. She serves as an education litigator licensed in Ohio, a Title IX investigator and hearing officer for colleges and universities, trains on the Title IX regulations for higher education institutions throughout the country, and conducts climate surveys in related Title IX matters. Erin enjoys the interactions with students, faculty, and staff these roles provide and the work required to best balance the law, the needs of the clients, and the needs of parties involved in difficult disputes.
Before joining Bricker’s Higher Education team, Erin represented state agencies and public colleges and universities in federal, state and administrative proceedings at the Ohio Attorney General’s Office. She has also advised clients on employment and labor issues, trained human resources professionals, and assisted with public records and open meetings law-related issues.
Name, Image, and Likeness policies and procedures
Prepared and revised Name, Image, and Likeness policies and procedures to comply with changing guidance and regulations
Defense Counsel in Federal Cases of Note
Defense counsel in federal cases of note: Doe v. Kenyon (Title IX in S.D. Ohio); Watson v. Columbus State Community College (S.D. Ohio); Erickson v. Hocking College (S.D. Ohio); McKenny v. Ohio University (S.D. Ohio); Patrick v. Shawnee State University (S.D. Ohio); Khatri v. The Ohio State University (N.D. Ohio); Simmons v. The Ohio State University (S.D. Ohio), Tsipursky v. The Ohio State University (S.D. Ohio), Alexander v. University of Akron (N.D. Ohio); Goldblum v. University of Cincinnati (Title IX in S.D. Ohio); Maseru v. University of Cincinnati (S.D. Ohio); Storrs v. University of Cincinnati (Jury Trial in S.D. Ohio).
Title IX Investigator
Title IX Investigator on new Title IX regulations from June 2020 through present. Designed and training higher education personnel on general changes in Title IX regulations and specific trainings described above in online training to attendees from across the country.
Title IX Hearing Officer
Title IX Hearing Officer in live cross-examination hearings since September 2019 in the Sixth Circuit Court of Appeals jurisdiction (Michigan, Ohio, Kentucky and Tennessee) following ruling requiring live cross-examination hearings in public institutions.
Title IX policies and procedures
Prepared and revised Title IX policies and procedures to comply with changing guidance.
Professional & Community Activities
- Member, National Association of College and University Attorneys
Presentations & Published Works
- Presenter, Proposed Title IX Regulations, Legal Issues and Student Affairs Drive-In Conference, August 2021
- Co-Presenter, “NIL Changes,” with Jeff Knight, Association of Independent Colleges and Universities of Ohio , July 1, 2021
- Co-Author, "Involuntary Expert Witnesses: Subpoenas of Faculty as Unretained Experts under Federal Rule of Civil Procedure 45(d)(3)(B)(ii)", NACUANOTE Volume 18, No. 10
- Presenter, "Title IX, Level 1 Overview of Changes (new regulations), June-December 2020
- Presenter, "Title IX Litigation Update Webinar", November 2020
- Presenter, "Title IX Informal Resolution Officer Training, July 2020 to present
- Presenter, "Title IX Decision-Maker Training" June 2020 to present
- Presenter, "Title IX Advisor Training", August 2020
- Presenter, "Title IX Investigator Training (new regulations)", July-August 2020
- Presenter, "Title IX Appeals Officer Training", July-August 2020
- Presenter, Proposed Title IX Regulations, Legal Issues and Student Affairs Drive-In Conference, February 2020
Bar Admissions & Activities
- Admitted, State of Ohio, 2011
- Admitted, United States District Court, Southern District of Ohio
- Admitted, United States District Court, Northern District of Ohio
- Admitted, Sixth Circuit U.S. Court of Appeals
- The Ohio State University Moritz College of Law (J.D.), 2010; Editorial Board Co-Note and Comment Editor, Ohio State Journal on Dispute Resolution; Board member, treasurer and grant award committee member, Public Interest Law Foundation; Recipient, Ohio State Journal on Dispute Resolution Significant and Lasting Contribution Award; Honorable mention, Nancy H. Rogers Prize in Dispute Resolution Scholarship; Mediator, Franklin County Probate Court and Night Prosecutor
- The Ohio State University (B.A. in Political Science and Philosophy, magna cum laude and Honors with Distinction), 2004
Title IX Regulations Training (Higher Education)
- Thursday, April 6, 2023 - Friday, May 5, 2023
- 2:00 PM to 5:00 PM
Butcher provides insights on ED intervention in Harvard Title IX and Title IX retaliation case
Higher Ed attorney Erin Butcher was interviewed by The Chronicle for Higher Education in their story about the U.S. Department of Justice’s brief related to Harvard University. Butcher provides some legal background related to the brief filed by the DOJ.More Sep 8, 2022
Court blocks the DOE and EEOC's guidance and enforcement of extensions of Bostock where it conflicts with state law
Bricker's Erin Butcher was quoted in an article published by Bloomberg Law where she provided legal background on a number of issues detailed in the Bostock v. Clayton County decision.More Jul 19, 2022
Butcher discusses NCAA’s lack of NIL clarity in Inside Higher Ed article
Higher ed attorney Erin Butcher explains the NCAA’s lack of clarity on NIL prohibited conduct creates confusion over allowable NIL contracts, especially NIL deals for teams or groups of student athletes at one college or university.More Jan 5, 2022