Summary - Demystifying Retaliation in Higher Ed: A Field Guide for Civil Rights Investigators

"Retaliation" is one of the most misunderstood concepts in higher education civil rights investigations, and the misunderstanding runs in every direction. Some Complainants think retaliation has happened before the Respondent even knows about the complaint; some Respondents retaliate against the Complainant without even realizing it; and some Witnesses expect the worst to happen if they speak up. Even investigators themselves can become confused about what constitutes an actual violation.

This session breaks down what retaliation is (and is not) in law, institutional policy, and practice. The panelists will walk through several investigative scenarios, where they will share a framework for explaining retaliation to parties and witnesses, and for talking through what an institution can and cannot do about it. The panelists will also discuss potential pitfalls for an investigator assessing protected activity, materially adverse action, and causation in the higher education context. Attendees will leave with a clearer understanding of how to analyze retaliation allegations, communicate expectations to participants in the process, and navigate one of the most nuanced areas of higher education civil rights.

LEARNING OUTCOMES: By the end of this session, attendees will be able to:

• Identify common misconceptions about retaliation among Complainants, Respondents, and Witnesses.

• Apply practical frameworks for correcting the common misconceptions about retaliation among Complainants, Respondents, and Witnesses.

• Identify conduct that falls under the core elements of retaliation (protected activity, materially adverse action, and causation) in more complex cases in the higher education context.

• Distinguish between conduct that may feel retaliatory (to a Party or Witness) and conduct that constitutes a policy violation.

• Recognize common pitfalls investigators face when analyzing retaliation allegations in higher education civil rights investigations.

Alex Pollack

Civil Rights Investigator, University of Virginia

Alex Pollack is a Civil Rights Investigator at the University of Virginia, with prior experience conducting dozens of formal discrimination and sexual misconduct investigations at the University of Utah. He holds a J.D. from the University of Tennessee College of Law and an MFA in Creative Writing from the University of Central Florida.

Alex's advice essay, “What Department Chairs Should Know About Civil Rights Investigations,” was published by the Chronicle of Higher Education in February 2026. His follow-up, "You’ve Been Named in a Discrimination Complaint. Now What?" was published in May 2026 in Inside Higher Ed. This is his second CLE program for Stetson Law’s Center for Excellence in Higher Education Law and Policy.

Madi Rooker

Assistant Attorney General, Utah Attorney General

Madi Rooker is an Assistant Attorney General in the Education Division, Higher Education Section, with the Utah Attorney General. Her primary assignment is representing the Utah Board of Higher Education with a wide array of legal needs in the higher education context. As a college golfer at Weber State, she was first introduced to Title IX from an athletic compliance perspective. Later, at the University of Utah, Madi conducted investigations of complaints of discrimination and sexual misconduct under the purview of Title VI, Title VII, Title IX, and University Policy. She was also actively involved in policy writing and development and internal process updates.

Madi holds a J.D. from the University of Utah's S.J. Quinney College of Law, where she was inducted into the Order of the Coif national honor society.

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