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Kai W. McGintee Kai W. McGintee

Kai W. McGintee


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Meet Kai, business-savvy employment lawyer and experienced Title IX and workplace independent investigator.

Kai W. McGintee

CONTACT
kmcgintee@bernsteinshur.com

207 228-7116 direct
207 774-1200 main
207 774-1127 facsimile

100 Middle Street
PO Box 9729
Portland, ME 04104-5029

Additional Focus
Title IX Investigations

AWARDS
  • Named New England Rising Star 2014 by Super Lawyers
PRESS & PUBLICATIONS

Here’s why you’ll enjoy working with her.

If you’re looking for efficient, responsive counsel and down-to-earth advice, look no further. Having grown up in a family-run business, Kai fully appreciates and understands the challenges her clients face when trying to remain compliant in the face of complex employment laws and maintain their bottom line. She leverages her firsthand insight and legal acumen to provide practical advice that puts each client’s business goals front and center.

Kai has a particular passion for representing higher education institutions and independent secondary schools.  Kai has defended schools in discrimination, harassment, retaliation, faculty tenure, and breach of contract cases in both state and federal court.  She also has extensive experience consulting on employment, student affairs, faculty tenure, Title IX compliance and FERPA issues. Kai is a frequent speaker at the Independent School Association of Northern New England and Maine Association of Independent Schools.

A significant portion of Kai’s practice is dedicated to conducting independent workplace and campus investigations. Kai is frequently called upon to investigate reports of serious employee or student misconduct, including discrimination, harassment, retaliation, bullying, and sexual misconduct. She is an approved sexual misconduct investigator by United Educators and has received certifications from the Association of Workplace Investigators, Title IX ASAP Training, and ATIXA (Level Two Civil Rights Investigator). Kai was hired by Bowdoin College to serve as the College’s independent investigator in student sexual misconduct cases, and Davidson College as an appeals officer in sexual misconduct cases.  Kai regularly provides consulting services and training  workshops to schools throughout New England on best practices related to preventing, investigating, and responding to sexual misconduct. She is also a frequent commentator on student sexual assault and has been quoted in the Washington Post, ESPN and BuzzFeed.

But that’s not all. Kai is also very experienced in:

  • Representing schools and companies in contentious employment litigation in state and federal court, including prevailing in a jury trial in the United States District Court of Maine on behalf of a multinational employer in a disability discrimination case
  • Defending employers in discrimination, harassment, and retaliation cases before the Maine Human Rights Commission and Equal Employment Opportunity Commission
  • Representing schools in Title IX complaints before the Department of Education, Office of Civil Rights
  • Working with colleges, universities, and independent secondary schools on preventative training, policy development, and compliance issues, especially in the area of educator and student sexual misconduct
  • Drafting handbooks, policies, and procedures for businesses in accordance with employment laws and best practices

In her former life, Kai was:

Working in her family-owned ski shops. She has practiced at Bernstein Shur since law school.

When Kai isn’t working, she is…

Supporting The Telling Room, a nonprofit writing center for children in Portland, Maine. True to her roots, she enjoys Alpine, Nordic, and backcountry skiing, as well as hiking and training for marathons and triathlons.

Kai’s Recent Speaking Engagements:

  • On January 6, 2016, Kai presented on the topic of Faculty Employment Agreements at the Independent School Association of Northern New England (ISANNE) Business Officers Conference in Woodstock, Vermont.
  • On February 11, 2016, Kai presented on the topic of Employee Performance Management and Personnel Records at the Maine Independent School Law Seminar in Augusta, Maine.
  • On May 13, 2016, Kai was on a panel at the Sports Lawyers Association Annual Conference in Los Angeles, California and spoke on the topic of “Off Field Athlete Conduct Issues: Sexual & Domestic Violence.” The panel was moderated by an ESPN reporter, Jane McManus.
  • On May 23, 2016, Kai presented “Understanding the Legal Side of Sexual Assault” to juniors and seniors from Cape Elizabeth High School.  Kai’s session was part of a day-long summit organized by students at Cape Elizabeth called SAAFE, which stands for Sexual Assault Awareness for Everyone.
  • On September 15, 2016, Kai presented on the topic of “Transgender Employees in the Workplace” to the Northern Maine chapter of the Maine Society of Human Resources Management.
  • On November 10, 2016, Kai presented on the topic of “Update & Next Steps for Addressing Sexual Misconduct in Independent Schools” at the ISANNE Heads/Academic Leaders Conference in Meredith, NH.
  • On December 13, 2016, Kai co-presented at a day-long ISANNE workshop titled, “Keeping Students Safe: Best Practices in Preventing and Responding to Sexual Misconduct” at Holderness School.
  • On March 27, 2017, Kai presented at the Maine Association of Independent Schools legal seminar about employee background checks and mandatory reporting laws.
Background

Education
JD, University of Maine School of Law, 2007, magna cum laude
Case note and comment editor, Maine Law Review
BA, English Major, Davidson College, 2003

Admitted to practice
States of Maine and New Hampshire
Commonwealth of Massachusetts
US District Court, District of Maine
US District Court, District of Massachusetts
First Circuit Court of Appeals

Memberships

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)