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Kathryn M. Nash

Kathryn Nash chairs the firm’s Labor, Employment, and Higher Education practice areas. She regularly advises colleges and universities on a wide range of issues unique to higher education institutions, such as Clery, Title IX, the Violence Against Women Reauthorization Act, HEOA, FERPA, student affairs, and faculty issues. Kathryn is well known among higher education attorneys and policymakers for her work advising and leading sexual misconduct and harassment investigations and revising institutional policies.

Kathryn has extensive experience conducting independent compliance reviews for organizations across the United States, including reviews involving issues of sexual harassment and sexual misconduct. As a founder of trainED, she also regularly provides training and conducts audits for companies and higher education institutions.

In addition, Kathryn advises employers on a variety of legal issues, including terminations and RIFs; disability and leave issues; affirmative action plans; employment and severance agreements; unemployment compensation matters, employee handbooks, and policies; noncompetition and other post-employment restrictions; wage and hour issues; child labor issues; and independent contract arrangements.

Kathryn regularly represents institutions and businesses in administrative actions and litigation when employment or student affairs related claims arise. She also assists clients in responding to state and federal audits relating to affirmative action and wage and hour compliance. Kathryn has extensive experience advising faith-based nonprofits, churches and religious K-12 schools, and higher education institutions on issues that are unique to these organizations.

Kathryn has been quoted in The Economist and The Atlantic, as well as local television and radio outlets, as an authority on matters pertaining to Title IX, VAWA, and sexual violence on campus. She was honored as one of the 2014 Minnesota Attorneys of the Year by Minnesota Lawyer for her engaging and innovative approach to providing legal services to higher education institutions. 

Representative Experience

  • Assisted higher education institution in responding to student protests relating to sexual misconduct policies and procedures
  • Conducted independent compliance review relating to a college’s anti-hazing policies and procedures
  • Conducted an independent compliance review of a public institution’s policies and procedures relating to the abuse or neglect of minors
  • Conducted multiple investigations of allegations of sexual misconduct involving students, faculty, and/or staff at higher education institutions
  • Represented a higher education institution, in connection with an investigation by the U.S. Department of Education into Title IV funding issues
  • Conducted independent review of large international faith-based organization’s sexual harassment and child safety response and prevention efforts
  • Represented a for-profit higher education institution, in connection with the two-year investigation of the for-profit higher education industry conducted by the U.S. Senate Health, Education, Labor and Pensions (HELP) Committee with no materially adverse findings against the institution
  • Conducted a privileged compliance review of Clery and Title IX policies, procedures, and practices of a private college located in Iowa
  • Represented a higher education institution in connection with a government investigation into an alleged breach of confidential student data with no materially adverse findings against the institution
  • Obtained summary judgment for education client in lawsuits brought by two former students alleging a widespread pattern and practice of fraud and other improper conduct relating to recruiting and compensation practices
  • Obtained defense verdict for education client in trial on breach of contract claim brought against it by former student
  • Obtained dismissal on behalf of employer in discrimination and retaliation claim brought by former employee
  • Obtained summary judgment on behalf of employers in sexual harassment, discrimination, and workers’ compensation retaliation claims brought by former employees
  • Obtained dismissal of wage and hour claim brought against employer in Florida
  • Obtained judgment as a matter of law in court trial on claim for failure to pay commissions
  • Defense through jury trial of age discrimination claim against large South Dakota employer
  • Represented employer in class action discrimination claim brought by current and former employees
  • Obtained dismissal of charges of discrimination filed with the St. Paul Department of Human Rights; the Minnesota Department of Human Rights; the EEOC’s district offices in Minnesota, New Mexico, and Colorado; and the Department of Education, Office of Civil Rights
  • Advised clients on issues relating to hiring and terminating employees in foreign countries
  • Prepared affirmative action plans for multi-state health care, nonprofit, and manufacturing clients
  • Represented employer in wage and hour tip pooling case brought by former employee on behalf of others similarly situated in Massachusetts

Court Memberships

  • Minnesota
  • North Dakota
  • South Dakota
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Minnesota
  • U.S. Court of Appeals for the Eighth District

Honors

  • Chambers USA: America’s Leading Lawyers for Business, Labor and Employment, 2019 - 2020
  • “North Star Lawyers,” Minnesota State Bar Association, 2018
  • “Attorney of the Year,” Minnesota Lawyer, 2014
  • “Minnesota Rising Star,” Thomson Reuters, 2011

Events

Professional Affiliations

  • National Association of College and University Attorneys (NACUA)

  • Minnesota State Bar Association
  • Hennepin County Bar Association
  • Christian Legal Society

Community Involvement

  • Junior Achievement, volunteer
  • New Life Academy, Governing Council, board member
  • Feed My Starving Children, former board member

Publications

Presentations

  • Co-Presenter, "CCCU Title IX Training: Part One," trainED, May 20, 2020

  • Co-Presenter, “If Only We Had … Using Early Lessons from COVID-19 to Help Plan for the Future,” Employment Law Alliance, May 13, 2020

  • Co-Presenter, “Title IX Update: Final Regulations,” trainED, May 8, 2020

  • Co-Presenter, “Title IX/VAWA Training for Adjudicators,” January 16, 2020
  • Co-Presenter, “Title IX/VAWA Investigator Training,” January 15, 2020
  • Presenter, “Annual Title IX/VAWA Adjudicators Training,” College of Saint Benedict & Saint John’s University, October 29, 2019
  • Co-Presenter, “Annual Training for Advanced Title IX Coordinators and Deputy Coordinators,” California Baptist University, California, October 25, 2019
  • Co-Presenter, “Annual Title IX/VAWA Investigators and Adjudicators Training,” California Baptist University, California, October 24, 2019
  • Co-Presenter, “Title IX/VAWA Hearing Panel Training,” August 29, 2019
  • Co-Presenter, “Annual Title IX/VAWA Investigator and Adjudicator Training,” trainED, August 7, 2019
  • Co-Presenter, “Annual Training for Advanced Title IX Coordinators and Deputy Coordinators,” trainED, August 6, 2019
  • Co-Presenter, "Annual Training for New Title IX Coordinators and Deputy Coordinators," trainED, August 5, 2019
  • Co-Presenter, “Annual Training for Advanced Title IX Coordinators and Deputy Coordinators,” Hamline University, Minnesota, July 30, 2019
  • Co-Presenter, “Annual Title IX/VAWA Investigator and Adjudicator Training,” Hamline University, Minnesota, July 29, 2019
  • Co-Presenter, “Unique Issues in Disability Law: Assistance Animals and Distressed Students,” Association for Christians in Student Development, Wheaton College, June 5, 2019
  • Presenter, “Title IX Proposed Regulations: What You Need to Know,” Association for Christians in Student Development, Wheaton College, June 4, 2019
  • 2019 Employment and Labor Law Seminar, April 9, 2019
  • “Sexual Harassment: #MeToo Era Updates and Lessons Learned from Higher Education,” Gray Plant Mooty Employment and Labor Law Conference, April 9, 2019
  • Co-Presenter, “Trauma-Informed Sexual Assault Training for Key Personnel,” trainED, February 28, 2019
  • Presenter, “Title IX Update for Chief Academic Officers,” Council for Christian Colleges and Universities, Tampa, Florida, February 15, 2019
  • "Title IX/VAWA Training for Adjudicators", January 24, 2019
  • "Title IX/VAWA Investigator Training", January 23, 2019
  • Presenter, “Title IX Training for California Baptist University Board of Trustees,” California Baptist University, January 11, 2019
  • Title IX Update: Proposed Regulations, November 20, 2018
  • Co-Presenter, “Title IX/VAWA Investigator and Adjudicator Training,” Biola University, California, November 8, 2018
  • Co-Presenter, “Annual Training for Advanced Title IX Coordinators and Deputy Coordinators,” Biola University, California, November 7, 2018
  • Co-Presenter, "Title IX/VAWA Investigator and Adjudicator Training," trainED, August 8, 2018
  • Co-Presenter, "Annual Training for Advanced Title IX Coordinators and Deputy Coordinators," trainED, August 7, 2018
  • Co-Presenter, "Annual Training for New Title IX Coordinators and Deputy Coordinators," trainED, August 6, 2018
  • Co-Presenter, "Title IX/VAWA Investigator and Adjudicator Training," Hamline University, Minnesota, July 24, 2018
  • Co-Presenter, "Annual Training for Advanced Title IX Coordinators and Deputy Coordinators," Hamline University, Minnesota, July 23, 2018
  • Co-Presenter, “Annual Training for Title IX/VAWA Investigator and Adjudicator Training,” American University, Washington, D.C., June 8, 2018
  • Co-Presenter, “Annual Training for Advanced Title IX Coordinators and Deputy Coordinators,” American University, Washington, D.C., June 7, 2018
  • Presenter, “Title IX Update: What You Need to Know,” Association for Christians in Student Development, Biola University, June 5, 2018
  • Co-Presenter, “Trauma-Informed Sexual Assault Training for Key Personnel,” trainED, May 10, 2018
  • Co-Presenter, “Conducting Effective Sexual Harassment Investigations,” Gray Plant Mooty 2018 Employment and Labor Law Seminar, May 1, 2018
  • Co-Presenter, “Title IX/VAWA Training for Coaches and Athletic Directors," University of Minnesota, April 4, 2018
  • Co-Presenter, “Unique Challenges in Domestic Violence, Dating Violence and Stalking,” trainED, March 8, 2018
  • Co-Presenter, “Complying with NCAA’s Policy on Sexual Violence: Training for Coaches, Athletic Directors, & Athletic Administrators, Part 2,” trainED, February 22, 2018
  • Co-Presenter, “Complying with NCAA’s Policy on Sexual Violence: Training for Coaches, Athletic Directors, & Athletic Administrators, Part 1,” trainED, February 8, 2018
  • Co-Presenter, “Title IX/VAWA Adjudicator Training,” trainED, January 25, 2018
  • Co-Presenter, “Title IX/VAWA Investigator Training,” trainED, January 24, 2018
  • trainED - Drafting Effective and Compliant Investigation Reports
    September 21, 2017
  • Co-Presenter, “Drafting An Investigation Report,” trainED, September 21, 2017
  • Co-Presenter, "Annual Trauma Informed Training for Investigators and Adjudicators," trainED, August 9, 2017
  • Co-Presenter, “Title IX/VAWA Investigator and Adjudicator Training,” trainED, August 9, 2017
  • Co-Presenter, “Annual Training for Advanced Title IX Coordinators and Deputy Coordinators,” trainED, August 8, 2017
  • Co-Presenter, “Annual Training for New Title IX Coordinators and Deputy Coordinators,” trainED, August 7, 2017
  • Co-Presenter, "Annual Trauma Informed Training for Investigators and Adjudicators," trainED, July 25, 2017
  • trainED - Annual Trauma-Informed Training for Investigators and Adjudicators, July 25, 2017
  • trainED - Annual Training for Advanced Title IX Coordinators and Deputy Coordinators, July 24, 2017
  • Co-Presenter, “Title IX and Study Abroad Programs,” trainED, June 22, 2017
  • Co-Presenter, “Legal Update,” MNCUPA-HR Spring 2017 Conference, June 15, 2017
  • Co-Presenter, “Title IX/VAWA Investigator and Adjudicator Training,” College of St. Scholastica, Duluth, Minnesota, June 8, 2017
  • trainED - Trauma Informed Training for First Responders, Confidential Resources, and Campus Security, May 2, 2017
  • Co-Presenter, “Making Your Sexual Misconduct Policy a 10,” trainED, April 26, 2017
  • trainED - Trauma-Informed Title IX/VAWA Adjudicator Training, April 4, 2017
  • Co-Presenter, "Title IX/VAWA Investigator Training," trainED, February 23, 2017
  • trainED - Title IX/VAWA Investigator Training, February 23, 2017
  • trainED - Train the Trainer: Title IX/VAWA Training for Coaches and Athletic Directors, February 22, 2017
  • trainED - Title IX/VAWA Training for Chief Academic Officers, February 15, 2017
  • Presenter, “The Latest in Title IX: What You Need to Know,” Council for Christian Colleges and Universities, San Diego, CA, February 8-10, 2017
  • Presenter, “Title IX/VAWA Training for Chief Academic Officer,” Council for Christian Colleges and Universities, San Diego, CA, February 8-10, 2017
  • trainED - Title IX/VAWA Panel Discussion for Coaches and Athletic Directors, January 31, 2017
  • trainED - Panel Discussion on Title IX Recordkeeping Requirements and Best Practices, January 10, 2017
  • trainED - Annual Trauma-Informed Training for Adjudicators and Appeals Panels, October 12, 2016
  • Co-Presenter, "Compliance Update: New VAWA Guidance," trainED, September 8, 2016
  • trainED - Annual Title IX Investigator/Adjudicator Training, July 28, 2016
  • Co-Presenter, “Annual Title IX/VAWA Investigator and Adjudicator Training,” trainED, July 28, 2016
  • trainED - Advanced Title IX Coordinator Training, July 27, 2016
  • “Advanced Title IX Coordinator Training,” co-presenter, trainED
    July 27, 2016
  • trainED - Advanced Title IX Coordinator Training, June 16, 2016
  • trainED - Senior Leadership Training, June 15, 2016
  • trainED - Department of Labor Final Rule on White Collar Exemptions: What Higher Education Institutions Need to Know, June 9, 2016
  • trainED - Title IX Training for New Coordinators, June 8, 2016
  • trainED - Minnesota Campus Sexual Assault Legal Update: Title IX Coordinator Overview of Minnesota Sexual Assault Law, May 25, 2016
  • trainED - Minnesota Campus Sexual Assault Legal Update: Trauma-Informed Sexual Assault Training for Key Personnel, May 25, 2016
  • Co-Presenter, “Title IX Coordinator Overview of Legal Requirements Under Minnesota Campus Sexual Assault Law,” trainED, May 25, 2016
  • Co-Presenter, “Trauma-Informed Group Training,” trainED, May 25, 2016
  • Co-Presenter, “Title IX/VAWA Trauma-Informed Training for Adjudicators,” trainED, May 12, 2016
  • Co-Presenter, “Title IX/VAWA Training,” trainED, Taylor University, Upland, IN, April 14-15, 2016
  • Co-Presenter, “Drafting an Investigation Report,” trainED, April 13, 2016
  • “Sexual Misconduct on College Campuses—Current Legal Compliance Trends,” presenter, National Associate of Presidential Assistants in Higher Education, San Francisco, CA, March 11, 2016
  • Co-Presenter, “Attorney Advisors in Campus Sexual Misconduct Cases,” trainED, February 24, 2016
  • Co-Presenter, “Title IX Investigator Training,” trainED, February 15, 2016
  • “Round Table with Chief Academic Officers,” presenter, Council of Christian Colleges and Universities, San Diego, CA, February 10-12, 2016
  • Co-Presenter, “Title IX: The 5,000 Foot View,” Council for Christian Colleges and Universities, Washington, D.C., January 27-29, 2016
  • Co-Presenter, “Title IX/VAWA Hearing Panel Training,” trainED, January 20, 2016
  • Co-Presenter, “Minnesota’s New Sexual Harassment and Violence Policy,” Minnesota Private College Counsel, January 5, 2016
  • "Education: Table of Experts," Minneapolis-St. Paul Business Journal, December 4, 2015
  • Title IX Coordinator Briefing: Additional Requirements Under Minnesota’s Campus Sexual Assault Law from trainED, November 12, 2015
  • Co-Presenter, “Minnesota’s New Sexual Harassment and Violence Policy Statute,” Minnesota Private College Council, November 12, 2015
  • Co-Presenter, “Minnesota’s New Sexual Harassment and Violence Policy Statute,” trainED, November 12, 2015
  • Co-Presenter, “Title IX/VAWA Training, Pepperdine University, Malibu, CA, November 5-6, 2015
  • Co-Presenter, “Bethel Athletics Panel Discussions,” Bethel University, November 2, 2015
  • Co-Presenter, “Title IX/VAWA Training,” University of Maine, Bangor, Maine, October 21-24, 2015
  • Title IX Coordinator Training: Duties Beyond Sexual Assault from trainED, October 14, 2015
  • Co-Presenter, “Title IX Coordinator Training: Duties Beyond Sexual Assault,” trainED, October 14, 2015
  • Presenter, “Title IX/VAWA Adjudicator Training,” Carlton College, Northfield, Minnesota, October 14, 2015
  • Co-Presenter, “University Risk Management & Insurance Associate (URMIA) Annual Conference,” Minneapolis, Minnesota, October 13, 2015
  • 2015 Annual Security Report Update from trainED, September 3, 2015
  • Co-Presenter, “Title IX/VAWA Training: 2015 Annual Security Report Update,” trainED, September 3, 2015
  • Co-Presenter, "Title IX/VAWA Investigator and Adjudicator Training," trainED, August 6, 2015
  • Co-Presenter, "Title IX Coordinator & Deputy Coordinator Annual Training," Hamline University, Minnesota, August 5, 2015
  • Co-Presenter, “Advanced Title IX/VAWA Investigator and Adjudicator Training,” trainED, July 30, 2015
  • Co-Presenter, “Advanced Title IX Coordinator and Deputy Coordinator Annual Training,” trainED, July 29, 2015
  • Co-Presenter, “Title IX SaVE Act Boot Camp,” trainED, May 28, 2015
  • Co-Presenter, “VAWA Summer 2015 Compliance Update,” trainED, May 21, 2015
  • Co-Presenter, “Trauma-Informed Investigator and Adjudicator Training,” trainED, Wheaton College, IL, May 20, 2015
  • Co-Presenter, “Expert Panel Training on Interviewing Survivors of Sexual Assault,” trainED, April 30, 2015
  • Co-Presenter, “Legal Update on Campus Sexual Violence: Clery, VAWA, Title IX and Beyond,” Employment Law Alliance, April 28, 2015
  • Co-Presenter, “Title IX Investigator/Adjudicator Training,” trainED, at Azusa Pacific University, California, April 7-8, 2015
  • Co-Presenter, “Title IX/SaVE Act Training for Senior Campus Leadership,” trainED, Grinnell College, Iowa, April 2, 2015
  • Co-Presenter, “Confidential Resources Training on Confidentiality, Reporting, and Student Records,” trainED, March 25, 2015
  • Co-Presenter, “Fundamentals of FERPA Training Webcast,” trainED, February 18, 2015
  • Co-Presenter, “Trauma-Informed Training for Adjudicators and Appeals Panels,” trainED, February 3, 2015
  • Co-Presenter, “Campus SaVE Act Final Regulations Update,” trainED, November 19, 2014
  • Co-Presenter, “Drafting Your Notice of Determination Training,” trainED, November 13, 2014
  • Co-Presenter, “Title IX Investigator/Adjudicator Training,” trainED, September 24, 2014
  • Co-Presenter, “Title IX SaVE Act Boot Camp,” trainED, September 23, 2014
  • Co-Presenter, “Title IX/SaVE Act Training for Senior Campus Leadership,” trainED, September 16, 2014
  • Co-Presenter, “New Rules Regarding Sexual Assault on Campuses,” trainED, Minnesota Private College Presidents, Minnesota, September 11, 2014
  • Co-Presenter, “Clery Act Annual Security Report Training,” trainED, September 10, 2014
  • Co-Presenter, “Title IX Investigator/Adjudicator Training,” trainED, Hamline University, Minnesota, August 7, 2014
  • Co-Presenter, “Title IX SaVE Act Boot Camp,” trainED, Hamline University, Minnesota, August 6, 2014
  • Co-Presenter, “Title IX SaVE Act Boot Camp,” trainED, William Mitchell College of Law, Minnesota, May 29, 2014
  • Campus SaVE Act, One Year Later, March 26, 2014
  • Higher Education Update: From Admissions to Title IX and Everything in Between, November 7, 2013
  • Co-Presenter, “Balancing Legal Compliance with Religious Purpose and Mission: An Overview of Employment Laws for Religious Employers,” Minnesota Religious Freedom Forum, October 2013
  • “Managing Performance Problems—Tips to Maximize Performance, Minimize Legal Risk and Avoid Safety Issues,” Gray Plant Mooty Employment Law Conference, July 2013
  • Co-Presenter, “From Troubled Students to Service Animals: A Student Services Regulatory Update” Gray Plant Mooty Higher Education Breakfast Briefing, April 24, 2012
  • “Records Retention and Document Management in the Electronic Age,” GPM Corporate Counsel Breakfast Group, January 19, 2011
  • “Unemployment Law in Minnesota: The Basics,” GPM Employment Law Seminar, April 21, 2010
  • Co-Presenter, “Reaching Generations X, Y, & Z,” Gray Plant Mooty Employment Law Conference, October 2008
  • “Legal Requirements and Restraints on Employee Affirmative Action Measures,” Gray Plant Mooty Higher Education Breakfast, June 2008
  • “Workplace Accommodation of Religious and Personal Beliefs,” Gray Plant Mooty Employment Law Conference, March 2007
  • “Employment Law 101,” Association of Christian Schools International’s Mid-America Teacher Convention, October 2005
  • “Staff and Faculty Terminations, Reductions in Force, Program Closures,” Gray Plant Mooty Higher Education Breakfast, September 2005
  • “Hiring: Finding Out What You Need to Know Without Getting Sued,” Association of Christian School International’s Regional Seminar, January 2004
  • “Managing Employee Leaves of Absence,” Association of Christian Schools International’s Regional Seminar, January 2004
  • “Religion and the Diverse Workplace,” Gray Plant Mooty Employment Law Institute, September 2003
  • “Uniformed Services Employment and Reemployment Rights Act of 1994: Employer Rights and Obligations,” Gray Plant Mooty Employment Law Institute, September 2001

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  • Minneapolis

    80 South Eighth Street
    500 IDS Center
    Minneapolis, MN 55402
F: 612.632.4273

Assistant

Donna Dye
612.632.3446
Email

Education

University of Minnesota Law School, J.D., cum laude, 2001

Bethel University, B.A., cum laude, 1998