News & Analysis as of

Civil Rights Education

Read Civil Rights updates, alerts, news, and legal commentary from leading lawyers and law firms:

As Recent Title IX Legislative Efforts Meet Resistance, Litigation Will Likely Increase

• California Gov. Jerry Brown vetoed the state legislature’s attempt to codify previously issued Title IX guidance. • A similar bill, introduced this month in the U.S. House of Representatives, has not yet received the...more

What Are the Limits of Reasonable Accommodation?

The Americans with Disabilities Act requires employers to make reasonable accommodations to the known mental or physical limitations of an otherwise qualified individual. The Act defines a qualified individual as someone who,...more

DOE Issues New Title IX Interim Guidance

by Foley Hoag LLP on

On September 22, 2017, the Department of Education (“DOE”) issued new interim guidance for Title IX, formally withdrew prior guidance documents, including the April 4, 2011 Dear Colleague Letter and the Questions and Answers...more

U.S. Department of Education Revises Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

Department of Education Rescinds Obama-era Title IX Guidance Document

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

New Title IX Guidance: Steps To Take Now

by Holland & Knight LLP on

• The U.S. Department of Education rescinded two major Office for Civil Rights guidance documents interpreting the application of Title IX to reports of sexual misconduct. • Secretary of Education Betsy DeVos stated that...more

Department of Education Rescinds Obama-Era Title IX Guidance Documents, Introduces New Q&A on Campus Sexual Misconduct

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

September 2017: The Top 10 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more

Private Hospital Collaborating with State College Not “State Actor” for Section 1983 Purposes When Dismissing Trainee

by Holland & Knight LLP on

Private hospitals commonly associate with public entities in running a variety of programs. These collaborations raise the question in civil rights litigation of whether and when the private hospital is a state actor. Under...more

U.S. Department of Education Office of Civil Rights’ jurisdiction in Title IX cases

The Issue - The Office of Civil Rights’ (OCR) jurisdiction is broad. If an institution receives federal funds, to include student financial aid and grants, it is subject to Title IX and OCR’s authority. The most public, and...more

Four “Red Flags” Schools Should Address in Title IX Sexual Violence Polices

by Pessin Katz Law, P.A. on

On September 22, 2017, the U.S. Department of Education issued new Interim Title IX Guidance providing Questions and Answers on Title IX sexual violence. Significantly, the new guidance withdraws the April 4, 2011 Dear...more

Doe v. Brown University: Non-Students and the Limits of Title IX Liability

In a case that raises a number of interesting questions, a federal judge in Rhode Island recently held that a student at one school could not bring a Title IX action against another school following her sexual assault by some...more

Takeaways from OCR’s Interim Guidance on Title IX

On September 22, 2017, the Office of Civil Rights (“OCR”) announced guidance describing how OCR will assess Title IX compliance while formal regulations are developed. This interim guidance, plus guidance issued by OCR in...more

The Department of Education Issues New Guidance For Title IX Proceedings

On September 22, 2017, the Department of Education’s Office for Civil Rights (the OCR) issued a new Dear Colleague Letter officially withdrawing the April 4, 2011 Dear Colleague Letter on Sexual Violence and the April 29,...more

Beware of Implementing 2017 Q&A Sexual Misconduct Guidance: VAWA and Clery Act Remain the Law (For Now)

On September 22, the Department of Education issued this announcement formally withdrawing the statements of policy and guidance in its 2011 Dear Colleague Letter on Sexual Violence and its 2014 Questions and Answers on Title...more

Videocast: Employment Issues When Setting Up Education Programs Overseas

Establishing overseas educational programs or campuses comes with significant employment-related challenges such as work permits, pensions, health and safety, data protection and ownership of intellectual property. This...more

Time to End Gender Apartheid: Growing Up as Girls: Cultural and Structural Barriers

by Atma Global on

We’ve reached a global consensus that racial apartheid is wrong; let’s at least now raise the floor and recognize that gender apartheid is also morally wrong. Despite the progress toward gender equality that we have made in...more

U.S. Department of Education Issues New Interim Title IX Guidance

by Clark Hill PLC on

On Friday, September 22, 2017, the U.S. Department of Education ("the Department") issued new interim guidance on sexual misconduct under Title IX. The guidance is in advance of rulemaking by the Department on Title IX...more

OCR Withdraws Obama-Era Title IX Guidance

by Ballard Spahr LLP on

On September 22, 2017, the U.S. Department of Education's Office for Civil Rights (OCR) issued a "Dear Colleague Letter" that withdrew two key Title IX documents issued during the Obama administration—a Dear Colleague Letter...more

New OCR Title IX Dear Colleague Letter Withdraws Obama Era Guidance

by Franczek Radelet P.C. on

Late last week, Secretary of Education Betsy DeVos announced the intention of the Department of Education to overhaul the way it addressed sexual misconduct on college and university campuses, as well as in K-12 schools. As...more

U.S. Department of Education Withdraws Prior Title IX Guidance and Issues Interim Guidance on Sexual Misconduct

by Shipman & Goodwin LLP on

Last Friday, in advance of the public rule-making process concerning schools’ Title IX responsibilities, the U.S. Department of Education rescinded its current Title IX guidance concerning sexual harassment and violence....more

Videocast: Regulatory Aspects of Setting Up Education Programs Overseas

Establishing overseas educational programs or campuses can be a complex, expensive and resource consuming endeavor that can take years. Regulations, local laws and tax implications differ from jurisdiction to jurisdiction...more

U.S. Education Department Issues Interim Guidance on Campus Sexual Assault

Friday, Sept. 22 was an eventful afternoon for Title IX compliance. The U.S. Education Department officially withdrew the core sexual misconduct guidance documents issued during the Obama administration: the 2011 Dear...more

Department of Education Rescinds Obama Era Guidance on Sexual Harassment & Provides Interim Rules

by Miller Canfield on

The U.S. Department of Education Office of Civil Rights ("OCR") this morning formally rescinded its April 4, 2011, Dear Colleague Letter as well as the April 29, 2014, Questions and Answers on Title IX and Sexual Violence....more

The U.S. Department of Education Office for Civil Rights Withdraws 2011 “Dear Colleague” Letter and 2014 Q&A on Title IX and...

by Nexsen Pruet, PLLC on

On September 22, 2017, U.S. Department of Education’s Acting Assistant Secretary for Civil Rights, Candice Jackson, withdrew the “Dear Colleague Letter on Sexual Violence,” dated April 4, 2011, and the “Questions and Answers...more

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