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Appeals Court Holds That Title IX Extends To Claims Of Discrimination Based On Perceived Sexual Orientation

​The U.S. Court of Appeals for the Ninth Circuit recently held that harassment based on perceived sexual orientation constitutes sex discrimination under Title IX, extending the holding from the U.S. Supreme Court's Title VII...more

The U.S. Department of Education Publishes NPRM Regarding Transgender Student-Athletes; Proposes Framework for Analysis of...

On April 6, 2023, the United States Department of Education (“ED”) issued a Notice of Proposed Rulemaking (the “NPRM”) related to Title IX of the Education Amendments of 1972 (“Title IX”). The NPRM, entitled...more

OCR and Justice Department Recognize World Mental Health Day by Releasing Fact Sheet on Supporting and Protecting the Rights of...

Guidance outlines K-12 and Postsecondary Schools’ Response - On October 13, 2021, in connection with World Mental Health Day (October 10), the U.S. Department of Education’s Office for Civil Rights (“OCR”) and the U.S....more

10/19/2021  /  Disabilities , Mental Health , OCR , Students

Justice Department Settles with Brown University Regarding Responses to Students with Mental Health Disabilities, Providing...

On August 10, 2021, the U.S. Department of Justice (the “Department”) announced that it entered into a settlement agreement with Brown University to ensure that students with mental health disabilities have equal access to...more

OCR Announces That LGBTQ+ Students Are Protected by Title IX, Providing Further Guidance to K-12 Schools, Colleges, and...

On June 16, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) issued a Notice of Interpretation explaining that it will enforce Title IX's prohibition of discrimination on the basis...more

The Department of Justice Weighs in on Title IX Peer Harassment and Retaliation

The Department of Justice recently filed a Statement of Interest in Thomas v. Bd. of Regents of the University of Nebraska, a case pending in the United States District Court for the District of Nebraska asserting peer...more

Education Department Issues Final Rule Focusing on Free Speech on Campus and Equal Treatment of Faith-Based Institutions

On September 9, 2020, after receiving more than 17,000 public comments to its notice of proposed rulemaking (the “NPRM”), the United States Department of Education (the “Department”) published the Religious Liberty and Free...more

The Department of Education Rescinds Prior Title IX Guidance Documents and Makes Key Changes to Title IX Case Processing Manual

Late last week, with no apparent public discussion, the Department of Education (the “Department”) withdrew a number of Office for Civil Rights (“OCR”) guidance documents relating to Title IX in the wake of the new Title IX...more

Strategies for Dealing with the Title IV Ineligibility of CA-Resident Students Under the Retroactive Distance Education Rule

On Monday, July 22, 2019, the Federal Student Aid Office of the U.S. Department of Education (ED) announced that the Distance Education Rules that were originally scheduled to go into effect on July 1, 2018, and were then...more

Higher Education Highlights Summer 2019

Esports - Electronic sports (esports), also known as competitive video and computer gaming, continues to boom in popularity. Esports is a spectator-driven phenomenon: some reports estimate the global esports audience will...more

Jury Hits Independent School With $41.75 Million in Damages for Failing to Warn Students About Risk of Tick-Borne Illnesses Before...

The Connecticut Supreme Court recently determined as a matter of law that independent schools have a duty of care to warn students against the risks of insect-borne illnesses when organizing study abroad trips. Failure to...more

Montana Supreme Court Struggles with the Intersection of FERPA and State Open Records Laws

While investigating sexual misconduct at the University of Montana’s campus, bestselling author Jon Krakauer filed a request with the office of the Commissioner of Higher Education of the State of Montana to inspect specific...more

New Jersey Joins Growing Number of States in Implementing Measures to Curb Student Suicide

On August 1, 2016, New Jersey Gov. Chris Christie signed the Madison Holleran Suicide Prevention Act, which requires institutions of higher education to ensure that mental health counselors are available to students 24 hours...more

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