Brigid A. Harrington and Title IX: What Colleges Often Get Wrong

Brigid A. Harrington and Title IX: What Colleges Often Get Wrong

You’ve seen the headlines. A campus investigation goes sideways, a lawsuit follows, and suddenly a university is staring down a multi-million dollar mess. It’s messy. Honestly, Title IX compliance has become one of the most technical, high-stakes tightropes in modern higher education. That’s where someone like Brigid A. Harrington comes in.

She isn't just another lawyer reading from a manual. Brigid A. Harrington is a heavyweight in the world of civil rights and Title IX compliance. Currently a Senior Attorney at Hunton Andrews Kurth in Boston (and formerly a partner at Bowditch & Dewey), she’s built a career around the things that keep university presidents up at night: sexual misconduct, discrimination, and the ever-shifting federal regulations that govern them.

Why Brigid A. Harrington Matters in Title IX

When we talk about Title IX, people usually think about sports. They think about equal funding for women’s basketball. While that’s part of it, the modern reality is way more intense. It’s about how schools handle allegations of sexual assault, harassment, and even "ethical relationships" between staff and students.

Harrington has been on both sides of the fence. Before moving into private practice, she was the Director of Civil Rights at the University of Massachusetts Boston. She also spent time as an investigator for Harvard University’s Office for Dispute Resolution.

Think about that for a second.

She wasn't just advising from a distant office; she was the person in the room. She was managing the investigators and implementing the actual policies that decide the futures of students and faculty. This "in-the-trenches" experience is why schools hire her to conduct high-profile, sensitive investigations today.

The Evolution of the Rules

Title IX isn't static. It’s a moving target.
In 2020, we had the Betsy DeVos-era changes.
Then came the 2024 regulations.
Then, a flurry of court orders—like the January 2025 ruling that vacated parts of those 2024 rules—sent everyone back to the drawing board.

Basically, it's chaos. Brigid A. Harrington has spent a huge chunk of her recent career helping institutions navigate these "regulatory whiplash" moments. She’s often quoted in places like Inside Higher Ed because she can translate dense legal jargon into actual advice for administrators. For instance, when discussing the firing of a professor over controversial speech, she noted that colleges have an obligation to address a "hostile environment" regardless of whether they can actually discipline the speaker. That's a nuance a lot of people miss.

What Most People Get Wrong About Investigations

A lot of folks think a Title IX investigation is like a mini-trial. Kinda, but not really. It’s a specialized administrative process that has to be perfectly neutral. If a school shows even a hint of bias—or if the investigator isn't properly trained—the whole thing can be thrown out in court.

Harrington’s work often involves:

  • Policy Drafting: Writing the actual rules for what constitutes harassment.
  • Climate Assessments: Measuring how safe or toxic a campus culture actually feels.
  • NCAA Compliance: Ensuring student-athletes are meeting specific training requirements.
  • Interim Roles: Sometimes, a school loses its Title IX coordinator overnight. She’s stepped in to fill those gaps and keep the ship from sinking.

She also holds certifications from ATIXA (the Association of Title IX Administrators). This isn't just for show. It means she's been trained in the highly specific "preponderance of evidence" and "clear and convincing" standards that these cases require.

Beyond the Ivy League

While her pedigree includes names like Harvard and UMass, she doesn't just work with elite universities. Her expertise extends to:

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  1. Secondary schools (K-12)
  2. Biotech firms
  3. Professional associations
  4. Nonprofits dealing with "decades-old" misconduct allegations

The last one is particularly heavy. Dealing with "cold case" style sexual misconduct in a nonprofit setting requires a very different touch than a fresh campus complaint. It requires a deep understanding of how trauma works and how memories hold up over time.

The Intersection of Title IX and Free Speech

This is the new frontier.
How does a school protect a student from a hostile environment (Title IX / Title VI) without violating someone else’s First Amendment rights?

It’s a nightmare scenario for many legal teams. Harrington has been vocal about the fact that "academic speech is not like blanket immunity." You can't just say whatever you want and claim it’s academic freedom if it creates a pervasive, discriminatory environment. But you also can’t just shut down every controversial conversation. Finding that middle ground is where the real expertise lies.

Actionable Insights for Institutions

If you’re an administrator or an employer looking at your own compliance, here’s what the current landscape (and experts like Harrington) suggests:

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  • Review Your "Ethical Relationship" Policies: Many schools are moving toward stricter rules regarding romantic interactions between employees and students. If yours hasn't been updated since 2019, it’s likely outdated.
  • Don’t Wait for a Complaint: Conduct a climate assessment now. It’s much cheaper to fix a cultural problem in 2026 than to defend a lawsuit in 2027.
  • Invest in Multi-Disciplinary Training: Title IX doesn't exist in a vacuum. It overlaps with the ADA (disability) and Title VI (race/national origin). Your staff needs to know how these laws interact.
  • Prepare for Policy Revisions: With the recent court vacatur of the 2024 regulations, many schools have to revert to 2020 standards or a hybrid model. This requires a manual audit of your current handbook.

Brigid A. Harrington’s career path—from a New York City ADA to a partner at major law firms—reflects the professionalization of campus discipline. It’s no longer a job for a well-meaning dean of students. It’s a job for a legal specialist who knows exactly where the landmines are buried.