Kai McGintee

Portland, Maine

Kai is a sought-after external investigator and hearing officer in sensitive and high-profile misconduct cases throughout the country. She has conducted and overseen hundreds of investigations involving sexual misconduct, harassment, discrimination, and other types of improper conduct.  Kai is recognized as a national thought leader on Title IX issues and a trusted fact-finder, decision-maker and advisor for institutions in the most challenging of crises.

External Investigator & Hearing Officer 

Kai’s practice is dedicated to conducting neutral, external investigations for colleges, universities, K-12 schools, sports organizations, corporations, and non-profit organizations. Kai is frequently called upon to investigate misconduct complaints involving students, faculty, senior-level personnel, coaches, and athletes. Kai has led numerous complex and high-stakes investigations, consults and advises clients on investigation best practices, and conducts external reviews of institutional policies and practices. Kai is also regularly called upon to serve as an external hearing officer, decision-maker, and appeal officer for educational institutions across the country.  She is also experienced at facilitating informal resolutions of Title IX and other misconduct cases.

Counselor for Institutions 

Kai has counseled employers and educational institutions for almost two decades on complex issues and crisis response.   Kai has served as primary outside counsel to several higher education institutions and independent secondary schools. With a background in employment and education law, Kai not only has a keen understanding of the legal framework in which employers and schools operate, but also appreciates the unique cultures of the workplaces and campuses of her clients.  Kai has been a frequent speaker on education law issues, including at the National Association of Independent Schools and Association of Independent Schools of New England.  

Trainer and Consultant 

Kai regularly provides consulting services and training workshops to  educational institutions and organizations on sexual misconduct and civil rights issues. Kai has worked with numerous colleges, universities, and independent secondary schools on preventative training, policy development, compliance issues, and crisis management. Kai has presented at national and local seminars on investigations, published resources on investigation best practices, and has been quoted in national news outlets for her expertise.

Select Presentations & Publications

  • 2024:  Presenter on Legal Trends at the National Association of Independent Schools Annual Conference in St. Louis, Missouri

  • 2023: Presenter on Crisis Management and Student Misconduct Scenarios at the National Association of Independent Schools Annual Conference, Heads of School Summit, in Las Vegas, Nevada

  • 2022: Workshop Presenter, “Confidently Navigating Title IX Change: Identifying and Applying Best Practices in Times of Legal and Regulatory Upheaval” at Solving the Campus Sexual Assault and Dating Violence Puzzle Conference

  • 2021: “Investigations of Student and Employee Misconduct: How to Get the Facts and Avoid the Pitfalls” at the NAIS Trend Report

  • 2021: “Responding to Racial Bias Complaints” at the AISNE: 2021 DEI Conference

  • 2021: Virtual Discrimination and Harassment Investigations Training

  • 2021: “Prepare an Effective School Response to Bias and Harassment Complaints” through AISNE

  • 2020: Virtual Title IX Investigator Trainings through various organizations

  • 2020: Training for Section 504 / Title IX Coordinators, in partnership with ISANNE & AISNE

  • 2020: Safe Sport International Conference in Quebec City Canada, Conducting Investigations into Athlete Abuse (postponed due to COVID)

  • 2020: Presented Bi-Weekly COVID-19 Webinars for Heads of Schools, ISANNE

  • 2020: Presented “The Title IX Regulations: What Do They Mean for Independent Schools?” ISANNE Heads of School and Business Officers

  • 2019: Led Title IX Training for Adjudicators/Hearing Officers at several Private Colleges

  • 2019: Presented “The Story That’s Hard to Tell: Confidentiality, the Media and #MeToo” at Annual Title IX Training at Public University System

  • 2019: Conducted Faculty and Staff Title IX Training at several Private Colleges

  • 2019: Sexual Misconduct Response and Investigation Training for K-12 Schools at Bernstein Shur

  • 2019: Title IX Response and Investigation Training for Colleges and Universities at Bernstein Shur

  • 2019: Presentation to Sports Dispute Resolution Centre of Canada on Processes for Investigating Athlete Abuse, Montreal, Canada

  • 2018: Led Title IX Training for Adjudicators and Hearing Panels at several Private Colleges

  • 2018: Presented on “Best Practice in Hiring and Enrollment Contracts,” Maine Association of Independent Schools Annual Conference

  • Navigating the next wave of Title IX changes: What Maine colleges and universities need to know, Mainebiz (2023)

  • United Educators Title IX Compliant Policy & Grievance Procedure Checklists (2020)

  • Joint Guidance on Federal Title IX Regulations, SUNY Student Conduct Institute (2020)

  • EduRisk by United Educators; Best Practices: A Checklist for Campus Sexual Harassment Investigations (2019)

Education

JD, University of Maine School of Law, magna cum laude

BA, Davidson College

Admitted to Practice

  • Maine

  • New Hampshire

  • Vermont

  • Commonwealth of Massachusetts

  • U.S. District Court, District of Maine

  • U.S. District Court, District of Massachusetts

  • First Circuit Court of Appeal

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