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Fourth Circuit: Institution's Tax-Exempt Status Does Not Trigger the Applicability of Title IX's Requirements

On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an...more

NLRB Rules That Dartmouth Basketball Players Are Employees

On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

Ninth Circuit: Universities May Be Liable Under Title IX for Off-Campus Assaults

In a fractured decision, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit reinstated a former University of Arizona student’s Title IX lawsuit against the university. Vacating a divided three-judge panel’s...more

Supreme Court Rules Title IX and Other Spending Clause Statutes Do Not Permit Damages for Emotional Distress

On April 28, the U.S. Supreme Court held in Cummings v. Premier Rehab Keller, P.L.L.C., No. 20-219 (Roberts, C.J.) that damages for emotional distress are not available for statutes adopted under the spending clause. Although...more

Third Circuit Allows Title IX Claim to Proceed in Light of Inferences and Allegations of Gender Bias

On March 31, the Third Circuit issued a ruling in Doe v. Princeton University, reversing a district court’s dismissal of Title IX and state law claims against Princeton University by a male student who was accused of...more

Ninth Circuit Rules University Not Liable Under Title IX for Football Player’s Off-Campus Assault

On January 25, the Ninth Circuit Court of Appeals affirmed a district court order in Brown v. State of Arizona et al., granting the University of Arizona summary judgment to dismiss Title IX claims asserted against the...more

Third Circuit Rules Universities May Face Title IX Liability for Sexual Misconduct By Nonstudent Guests

On January 11, the U.S. Court of Appeals for the Third Circuit issued a precedential decision in Hall v. Millersville University, holding for the first time that colleges and universities may face damages liability under...more

Student Workers in College Office of Admission Vote to Unionize

The National Labor Relations Board (Board) recently conducted an election in which student workers in the Office of Admission (Admissions) at Hamilton College (College) voted 25 to 20 to be represented by Local One of the...more

En Banc Sixth Circuit Reaffirms High Bar for Title IX "Deliberate Indifference"

On December 11, 2020, the en banc U.S. Court of Appeals for the Sixth Circuit vacated a panel decision holding that plaintiff Rebecca Foster was entitled to a trial on her claim that the University of Michigan was...more

Third Circuit Applies Expansive Definition of 'Fair and Equitable' to Campus Sexual Misconduct Proceedings

In a precedential decision issued on May 29, the U.S. Court of Appeals for the Third Circuit reversed the lower court’s dismissal of a complaint filed against a private university alleging discrimination under Title IX and...more

New Title IX Regulations: A Seismic Shift During a Pandemic (Webinar Recording) [Video]

After 17 months and more than 120,000 public comments, the Department has released its new regulations implementing Title IX of the Education Amendments of 1972. The regulations represent a seismic shift in process and...more

DOE Issues New Title IX Regulations as Institutions Navigate a Global Pandemic

On May 6, the U.S. Department of Education (Department) made public its long-anticipated regulations under Title IX of the Education Amendments Act of 1972, which prohibits sex discrimination in most education programs and...more

Third Circuit Affirms Protection for 'Pure Opinions'

In a precedential decision issued on April 14, the U.S. Court of Appeals for the Third Circuit affirmed dismissal of defamation and false light invasion of privacy claims brought against Newsweek by a politically active minor...more

CARES Act Provides Support and Flexibility for Institutions of Higher Education And Their Students

Institutions of higher education (IHEs) are undertaking herculean measures to ensure students have the opportunity to continue their academic progress during this extraordinary time....more

Sixth Circuit Raises New Questions For Higher Ed Institutions Handling Sexual Misconduct Matters

On March 11, the U.S. Court of Appeals for the Sixth Circuit issued a decision highlighting the difficult situation institutions of higher education face in sexual misconduct matters when balancing a complainant’s interest in...more

Sixth Circuit Requires Proof of Actual Further Harassment in Title IX Deliberate Indifference Claims

On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more

A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision [Audio]

On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more

New Pennsylvania Hazing Law Requires Immediate Action

On October 19, Pa. Governor Tom Wolf signed into law the Timothy J. Piazza Antihazing Law, named for the Penn State student who lost his life in a fraternity hazing incident in early 2017....more

Wisconsin Supreme Court Provides Guidance to Private Universities on Faculty Discipline and Academic Freedom

Many private colleges and universities have faculty handbooks and/or collective bargaining agreements that, among other things, establish internal disciplinary procedures and make promises to faculty about academic freedom....more

#MeToo and the Media

In the past year, allegations of sexual misconduct have regularly made headlines in top news outlets across the United States. The #MeToo movement has encouraged many individuals to make public the details of sometimes...more

Materially and Substantively Modifying Online Articles Restarts the Clock in NJ Defamation Claims

The New Jersey Supreme Court recently held, in Petro-Lubricant Testing Laboratories, Inc. v. Adelman, that New Jersey’s one-year statute of limitations for defamation claims restarts if an online article’s author materially...more

Dissecting the Massachusetts Ruling Recognizing a Duty for Higher Education Institutions to Prevent Student Suicide

A recent decision by Massachusetts’s highest court unanimously recognized that, under some circumstances, colleges and universities have a duty to protect students from suicide that, if violated, could result in tort...more

Sixth Circuit Blocks 'Junk Fax' Class Action Under Telephone Consumer Protection Act

A recent decision by the U.S. Court of Appeals for the Sixth Circuit calls into question the viability of “junk fax” class actions brought under the Telephone Consumer Protection Act (TCPA) when the defendant company does not...more

Office for Civil Rights Reduces Scope of Investigations to More 'Swiftly' and 'Efficiently' Resolve Complaints

The Chronicle of Higher Education recently reported that, on June 8, 2017, the Department of Education’s Office for Civil Rights (OCR) distributed an internal memo containing new guidance that will provide regional offices...more

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