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Investigation Strategy and Title IX

Saturday, May 17, 2014 @ 10am

Download the Show Audio Here

Our Guests:

Naomi Butterfield


Naomi ButterfieldKai McGintee

Kai McGintee

Bernstein Shur

Investment Strategy and Title IX –

Guidelines for Selecting a Workplace Investigator

Naomi Butterfield is a member of Bernstein Shur’s Labor and Employment Practice Group; her practice focuses on the unique needs of public and private educational institutions. In her 18 years practicing law, she has advised and counseled clients regarding planning, policy and strategies for minimizing risk. 


Naomi has experience representing clients with regard to: 


  • Preventing and defending discrimination and disability claims including Title IX 
  • Administration of personnel policies
  • FERPA and protection of records 
  • Bullying and sexual harassment 
  • Contract compliance
  • Campus and workplace safety

Naomi has appeared on behalf of clients in both state and federal courts, as well as numerous state and federal agencies, including the New Hampshire Commission for Human Rights, the Equal Employment Opportunity Commission and the Department of Education Office of Civil Rights. Naomi has obtained specialized training to conduct workplace investigations, including certification from the National Institute for Workplace Investigators.

Prior to joining Bernstein Shur, Naomi served as general counsel to the Community College System of New Hampshire where she counseled the seven colleges, the board of trustees and the chancellor’s office on matters of state and federal law. Naomi has served as an assistant attorney general in the Office of the Attorney General in New Hampshire and in Colorado. She received her JD from the University of Denver, Sturm College of Law and her BS from the University of Michigan. Naomi is a member of the National Association for College and University Attorneys and the New Hampshire and Colorado bar associations.

EDUCATION JD, University of Denver Sturm College of Law BS, University of Michigan ADMITTED TO PRACTICE States of New Hampshire and Colorado U.S. District Court, District of New Hampshire U.S. District Court, District of Colorado U.S. Court of Appeals, Tenth Circuit MEMBER New Hampshire Bar Association Colorado Bar Association National Association for College and University Attorneys Association of Workplace Investigators Artistic Roots, Board Member


Kai McGintee is a member of Bernstein Shur’s Labor and Employment Law Practice Group and the Litigation Group. Kai provides practical advice and preventive training to employers on a broad range of workplace issues, including performance management, leaves of absence, employee relations, wage and hour compliance, anti-harassment, retaliation and discrimination laws, and the reasonable accommodation process.


She drafts handbooks, policies and procedures for legal compliance and to ensure that best practices are followed. Kai conducts internal investigations for employers on a variety of workplace issues. She has obtained specialized training to conduct workplace and Title IX investigations and received certifications from the Association of Workplace Investigators and Title IX ASAP Trainers. Beyond her work representing corporate employers, Kai has a special focus representing colleges, universities and private secondary schools on both employment and education law matters, including tenure decisions, student matters, FERPA, affiliation agreements and Title IX.


Kai has litigated numerous employment cases in state and federal court, and routinely represents employers before the Maine Human Rights Commission, Equal Employment Opportunity Commission, and Unemployment Compensation Commission. Kai has also argued cases at the First Circuit Court of Appeals and the Maine Supreme Judicial Court. Kai is a magna cum laude graduate of the University of Maine School of Law, where she served as the Case Note and Comment Editor on the Maine Law Review. Kai is a former board member of The Telling Room, a non-profit writing center for children located in Portland, Maine. She also represents victims of domestic violence on pro bono matters in state court. Kai is recognized as a 2013 Rising Star by New England Super Lawyers for her work in labor and employment.


EDUCATION JD, University of Maine School of Law, 2007 magna cum laude (Case Note &;amp; Comment Editor, Maine Law Review) BA, Davidson College, 2003 ADMITTED TO PRACTICE States of Maine and Massachusetts U.S. District Court, District of Maine U.S. District Court, District of Massachusetts First Circuit Court of Appeals MEMBER Maine State Bar Association (Labor and Employment section) National Association of College and University Attorneys Society for Human Resources Management Association of Workplace Investigators The Telling Room (Former board member)