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Bethany Swaton Wagner


P 412-338-5149
F 412-232-3441



Bethany Swaton Wagner is an Associate in the Pittsburgh, Pennsylvania, office of Jackson Lewis P.C. She practices in the areas of employment and Title IX and NCAA compliance.

In her employment practice, Ms. Wagner focuses on preventative human resource policy development, training, and advice and counseling. She also develops and reviews policy and handbooks, particularly for multi-state issues and compliance. In addition, Ms. Wagner represents employers in employment-related litigation before administrative agencies and courts on the federal and state levels.

Ms. Wagner has extensive experience in the collegiate and professional sports world. Prior to joining Jackson Lewis, she worked for the Pittsburgh Pirates, CBS Broadcasting, Inc., and The Ohio State University Athletic Compliance Office. Ms. Wagner represents and counsels universities and sports organizations, in general, in a broad array of legal areas. Specifically, she counsels educational institutions on issues involving Title IX, the Clery Act, the Campus SAVE Act, and all other applicable laws and conducts training for management-level employees in the same areas. She also represents and provides guidance to institutions of higher learning facing potential NCAA bylaw violations.

Ms. Wagner is a regular contributor to the firm's Collegiate and Professional Sports Law Blog.

Honors and Recognitions

Professional Associations and Activities

  • Allegheny County Bar Association
  • National Sports and Entertainment Law Society, Board Member (2009 to present)
  • Pennsylvania Bar Association
  • Sports Lawyers Association
  • West Virginia Bar Association
  • Women in Sports and Events (WISE) – Pittsburgh chapter, Board Member and Secretary (2010 to present)

Published Works

  • "Girls Can Play, Too: Has the Lack of Female Leadership in NCAA Athletics Become an Afterthought?," Seton Hall University School of Law Journal of Sports and Entertainment Law [Author]
  • "Girls Can Play, Too: Has the Lack of Female Leadership in NCAA Athletics Become an Afterthought?," Reversing Field: Examining Commercialization, Labor, Gender, and Race in 21st Century Sports Law [Chapter Author]
  • “Money Madness: Student-Athlete Aid Increase Sparks Criticism,” Journal of NCAA Compliance (November-December 2011) [Author]
  • “New NCAA Rule Puts Premium on Head Coaches’ Accountability,” Sports Business Journal (January 7, 2013, page 23) [Co-Author]
  • “U.S. Department of Education’s “Dear Colleague Letter” Highlights Schools’ Responsibility for Accommodating Disabled Students in Extra Curricular Activities” [Co-Author]

Speeches and Presentations

  • 2012 inaugural conference for the Association of Title IX Administrators on “Understanding the Law Behind the Law and Effective Crisis Management When Things Go Wrong”
  • 2013 annual conference for the Association of Title IX Administrators on “Dear Colleague Letter Updates: Changes You May Not Be Aware Of, But The OCR Expects You To Know”
  • 2013 Fraternal Law Conference on “Title IX Compliance. Sexual Harassment Allegations – Best Practices and Investigations”
  • 2015 AAAED Conference on Higher Education Laws

See AllBethany Swaton Wagner in the News

June 16, 2016
Legal Issues in College Athletics

Thomas Dorer, Monica Khetarpal, Michelle Phillips, Marla Presley and Bethany Swaton Wagner Authored "'Significant Guidance' on Transgender Rights Under Title IX Issued"

June 16, 2016

Tom Dorer, Monica Khetarpal,  Michelle Phillips, Marla Presley and Bethany Swaton Wagner authored "'Significant Guidance' on Transgender Rights under Title IX Issued," published in Legal Issues in College Athletics.  Read More

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May 13, 2016

U.S. Departments of Justice and Education Issue ‘Significant Guidance’ on Transgender Rights under Title IX

May 13, 2016

The U.S. Departments of Justice (DOJ) and Education (DOE) have issued a joint “Dear Colleague Letter” (DCL) containing “significant guidance” on how these departments will apply sex discrimination protections under Title IX of the Education Act of 1972 to transgender students. The DCL, dated May 13, 2016,... Read More

May 5, 2016

Department of Justice Warns Governor that North Carolina LGBT Law is Unlawful

May 5, 2016

North Carolina’s law restricting access to restrooms based on an individual’s sex assigned at birth and not based on an individual’s consistent gender identity violates both Title VII of the Civil Rights Act and Title IX of the Education Amendments of 1972, the United States Department of Justice has said in a letter to... Read More

April 11, 2016

Pennsylvania Governor Issues Executive Orders Protecting LGBT Rights

April 11, 2016

Pennsylvania Governor Tom Wolf has signed two executive orders protecting the rights of lesbian, gay, bisexual, and transgender (“LGBT”) individuals. The first executive order covers discrimination by state agencies, and the second applies to state contractors as well as companies who receive state grants. Currently, a... Read More

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Oct 5

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Title IX Sexual Misconduct – Comprehensive Webinar Series

October 5, 2016 - 12:00 PM to 1:00 PM EST
Credits: CLE - 1.0/1.2*, HRCI - 1.0, SHRM - 1.0
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See AllBlog Posts by Bethany Swaton Wagner

Transgender Locker Room Policy Eludes School District Facing Government Sanctions Under Title IX
November 22, 2015

An Illinois school district has violated anti-discrimination laws by not allowing a transgender student who identifies as female and is on her high school’s girls’ sports team to change and shower in the girls’ locker room, the United States Department of Education Office of Civil Rights (“OCR”) has held. Read More

New York’s ‘Enough is Enough’ to Become Law
June 18, 2015

Legislation to curb sexual assault on college campuses in New York is set to become law. Governor Andrew Cuomo had introduced the bill in January 2015. The “Enough is Enough” bill encourages victims of sexual assault on campus to report the incident and bolsters support services for victims. Read More

Department of Education Issues New Guidance on Title IX Coordinators
April 28, 2015

The Department of Education’s Office of Civil Rights (“OCR”) has issued a Dear Colleague Letter (“DCL”) to superintendents, presidents, and other senior officials of educational institutions reminding them of their obligation to designate a Title IX coordinator and to support the coordinator fully in efforts to ensure the institution is i Read More