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Partner, AWI-CH

Alison Winter

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Workplace, Education, and Title IX Investigations
Responsive | Thorough | Impartial

Alison is skilled at conducting prompt, thorough, and impartial investigations. She investigates complaints for public entities, private employers, and schools from K-8 through university-level education. Alison consistently provides her clients with thoughtful factual and legal analyses on a wide variety of employment and education matters, including Title IX investigations. Alison manages complex and sensitive fact patterns and situations, involving multiple complainants or respondents. Her investigations involve a wide array of participants, including employees from entry-level to management-level, elected officials, and minor children.

 

Prior to concentrating on investigations and training, Alison’s practice emphasized employment and public entity matters, focusing on harassment, retaliation, and discrimination issues including conducting trainings in the education setting. Alison litigated employment matters on behalf of both employees and employers, providing a unique perspective allowing her to approach every investigation with impartiality. Alison is a Co-Convener of the Association of Workplace Investigators’ Sacramento Local Circle.

  • Individual Coaching/Training
    We work with employees or other members of your team who need directed coaching, which we provide during tailored, one-on-one sessions.
  • Harassment-Prevention Training
    We provide in-person training regarding harassment and discrimination prevention, including based on sex, gender identity, gender expression, and sexual orientation. Our programs comply with California mandates regarding supervisory and non-supervisory training.
  • Customized Training
    We know that your potential workplace concerns and training needs are as varied as each individual member of your workforce. Our firm has the capability to provide training on virtually any workplace issue. In addition to harassment/discrimination and individual coaching, we are experienced trainers in areas including bias, bullying, retaliation, managing employee performance and progressive discipline, reasonable accommodation and the interactive process, and workplace-related social media and email use. Please contact us to discuss any training need.
  • Representative Investigations
    Employment Matters: Superintendent and supervisor of a large County Office of Education accused of harassment, discrimination and retaliation of employee based on pregnancy. Community Services District accused of harassment, discrimination and retaliation by a firefighter based on a medical condition. School District accused of discrimination for terminating a long-term District employee based on her age and disability. Employee of state agency accused of failing to promote/provide opportunities to employee based on national origin and religion. County accused of retaliation for failing to promote employee who engaged in union activity. School District accused of retaliation for whistle-blowing and discrimination based on gender (male) for terminating long-term administrator. Employee of private employer providing substance recovery and mental health wellness accused of sexual harassment of female employees. Fire Services District accused of discrimination for failing to promote firefighters based on gender (female). Minor employee of summer camp accused of sexually harassing another minor employee. County accused of discrimination for failing to promote employees based on age and gender. Title IX and Education matters: University professor accused of sexual harassment/unwanted touching of a student/University employee. School parent alleged that a teacher and principal discriminated against her son based on race. University student and sports team member accused of unwanted sexual assault in violation of Title IX by two fellow students. University student accused of unwanted sexual in violation of Title IX by fellow undergraduate student. K-8 teacher accused of unwanted sexual conduct and racial discrimination towards a minor student.
  • Education and Training
    Attended a four-day training institute and completed testing to achieve the Association of Workplace Investigators Certificate: AWI-CH, 2019. In October of 2015, 2016, 2017, and 2019 Alison attended the Association of Workplace Investigators’ Annual Conference, completing over ten hours of training each year. In February of 2016, Alison attended a three-day T9 Mastered Training regarding Title IX investigations on college campuses, completing over 19 hours of training, including trauma-informed training. In September of 2016, Alison attended the Association of Workplace Investigators’ Investigation Basics Seminar, completing six hours of training. Alison obtained her Juris Doctor from the University of the Pacific, McGeorge School of Law. She obtained her Bachelor of Arts Degree from the University of California at Davis.
  • Affiliations
    Association of Workplace Investigators: Membership & Marketing Committee Member, 2018-present, Co-Convener – Sacramento Local Circle. Women Lawyers of Sacramento, member. Sacramento County Bar Association, member.
  • Affiliations
    Association of Workplace Investigators: Board Member, 2016 – present; Secretary, 2019 – present; Founding Member, 2009; past Membership & Marketing Committee Chair, Steering Committee member, Co-Convener Sacramento Local Circle. Women Lawyers of Sacramento, member. Sacramento County Bar Association, member.
  • Speaking Engagements
    Faculty, AWI’s ANSI Accredited Training Institute for Workplace Investigators, Atlanta 2018, Vail 2019, Virtual 2021. Moderator, 2021 Berkeley Center for Comparative Equality and Anti-Discrimination Law’s Sexual Harassment in Education Conference. Speaker CALPELRA 2020, “He said, She Said . . . Relying on Credibility to Make Factual Findings in Workplace Investigations.” Presenter, AWI Workplace Investigations Basics Seminar, 2016, 2017, 2018, 2019, 2020. Presenter, AWI Public Sector Investigations Seminar, 2019. Speaker CALPELRA 2019, “That Bully is Harassing Me!” Is it Bullying or an EEO Claim? Interview Techniques to Gather Facts Needed toMake a Solid Factual Finding. Speaker CALPELRA 2019, He Said, She Said . . . Doesn’t Have To Mean Inconclusive – Writing An Investigation Report When The Conclusion Is Based Entirely On Credibility. Speaker State Bar of California Labor and Employment Law Section Public Sector Conference 2011, Employment Investigations – Nuts and Bolts for the Public Sector.
  • Published Opinions
    McMackins v. Elk Grove Unified School District (E.D. Cal. 1998) 21 F.Supp. 2d 1201. The court agreed that the employee was not a qualified individual under the ADA. Thompson v. Sacramento City Unified School District (2003) 107 Cal.App. 4th 1352. The court excluded plaintiff’s expert declarations and resolved Ed. Code issues in the District’s favor. Golfland Entertainment Centers, Inc. v. Superior Court (2003) 108 Cal.App. 4th 739. The court excluded the presence of a minor’s attorney during a mental examination. Knight v. Hayward Unified School District (2005) 132 Cal.App.4th 121. The court held the employee could not prove disability discrimination under the Fair Employment and Housing Act.
  • Representative Investigations
    Employment Matters: City Manager accused of sex discrimination in overlooking a Director for promotion. School District Superintendent accused of age discrimination against a department head. Spanish-speaking female assembly-line employees accused co-workers of sexual harassment; conducted in Spanish. Peace Officer accused of sex discrimination; conducted under POBR. Factory worker claimed retaliation by supervisor; conducted in English and Spanish. Manager for nation-wide employer accused of age discrimination. Private citizen complained that Peace Officer improperly accessed confidential records. Public Entity employee complained that a department head failed to provide a reasonable accommodation for her disability and engaged in disability-based harassment. Firefighter accused her Captain of creating a hostile work environment and gender-based discrimination; conducted under FBOR. Warehouse manager accused of race-based harassment; conducted in Spanish. Professor claimed retaliation by leadership for exercising his 1st Amendment rights. Title IX and Education Matters: Undergraduate student athlete accused fellow student athlete of sexual assault. Undergraduate student alleged nonconsensual sexual intercourse with a fellow student. Undergraduate student alleged that fellow student sent her inappropriate sex-based messages. Undergraduate student accused fellow student of sexual abuse and sexual harassment. Multiple graduate students accused their Professor of engaging in sex-based conduct toward them, including comments and touching. University coach accused of sending sex-based messages on the team’s group chat. University coach accused of engaging in nonconsensual sexual conduct with student. Special Education High School student alleged coach bullied and harassed him based on his disability. College coach accused of making race-based comments to a student athlete on the opposing team. Community College student claimed that faculty treated her differently based on her national origin.
  • Education and Training
    Achieved the Association of Workplace Investigators Certificate: AWI-CH, 2017. T9 Mastered Certification Training for College Campus Investigators, including trauma-informed training, 2016. ATIXA Certification as a Title IX Investigator, 2015. Completed AWI’s National Institute for Workplace Investigators and completed 36.5 hours of required training, 2012. Terri obtained her Juris Doctor from the University of San Francisco School of Law. She also earned a Master of Spanish Translation Degree from the Universidad Complutense de Madrid, Spain and she obtained her Bachelor of Arts Degree from the University of California at Berkeley.
  • Affiliations
    Association of Workplace Investigators, Member
  • Education and Training
    In April of 2022, Samantha attended the Association of Workplace Investigators’ Investigation Basics Seminar, completing 7.5 hours of training. Samantha obtained her Juris Doctor from University of California at Davis, School of Law. She obtained her Bachelor of Arts degree from the University of Washington.
  • Affiliations
    Association of Workplace Investigators, member. Sonoma County Bar Association, member.
  • Education and Training
    Kris obtained his Juris Doctor from Stetson University College of Law, in St. Petersburg, Florida. He earned his Bachelor of Science degree from the U.S. Coast Guard Academy in New London, Connecticut.
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