In That Case: Department of State v. Muñoz
False Claims Act Insights - Railroaded! How to Approach the Twin Tracks of Parallel Proceedings
Law School Toolbox Podcast Episode 334: Listen and Learn -- Standards of Review (Con Law)
Bar Exam Toolbox Podcast Episode 160: Listen and Learn -- Standards of Review (Con Law)
Law School Toolbox Podcast Episode 295: Listen and Learn -- Due Process and Equal Protection (Con Law)
Bar Exam Toolbox Podcast Episode 117: Listen and Learn -- Due Process and Equal Protection (Con Law)
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
Webinar: Investigating and Resolving Sexual Assaults on Campus
Former Solicitor General Ted Olson Discusses 2013's Biggest Supreme Court Case—His.
Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more
In a post #MeToo era, the dramatic increase in the number of sexual misconduct and assault reports made public intensifies each year and appears to be organizationally and geographically agnostic. Within the world of...more
In a recent education law decision, the Honorable Norman K. Moon of the Western District of Virginia dismissed the equal protection claims of a plaintiff, the accused, who alleged that under Title IX, he had not been afforded...more
Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more
[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more
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
Cyberbullying is nothing new. A majority of teens have experienced the phenomenon and college campuses certainly are not immune. Just because something is common does not make it simple to deal with, however. And this is...more
In a case that serves as a healthy reminder of the importance of drafting and abiding by clear disciplinary policies, an Illinois Appellate Court recently held that a College did not violate a student’s due process rights...more
A recent class-action lawsuit filed in Michigan, which seeks to overturn scores of Title IX decisions at Michigan State University, is the first of its kind. The case relies on a 2018 federal court ruling in Michigan that...more
No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case When The School District Took Precautions To Avoid Sexual Assaults - Strobel v. Neshannock Township School District, Civil Action No....more
On Friday, the U.S. Department of Education issued proposed regulations that its Office for Civil Rights (OCR) would use to investigate complaints against schools under Title IX of the Education Amendments of 1972. Title IX...more
• The U.S. Department of Education (Department) on Nov. 16, 2018 proposed sweeping changes to the regulations implementing Title IX, the federal law prohibiting sexual harassment and sex discrimination. • The newly...more
In a classic “man bites dog” story, the Florida Senate filed a federal lawsuit against the EEOC. The suit seeks to kill an EEOC charge and administrative hearing alleging that a senator sexually harassed a legislative...more
• 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
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
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
On Friday, September 22, 2017, when the Trump administration announced that it was rescinding Obama-era Title IX sexual assault guidance and issuing a new question and answer document while undertaking a formal review, most...more
• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses. • DeVos...more
• The Department of Education (DOE) plans to gather public input—including input from educational institutions—on new Title IX policy, rejecting the prior administration’s issuance of policy by letter. • The DOE has not,...more
A former non-tenured professor at the University of North Texas has filed suit claiming that he was fired in retaliation for his participation, as the accused, in a campus investigation of a graduate student’s sexual...more
On October 24, 2016, a federal judge enjoined the U.S. government from enforcing certain provisions of the controversial Fair Pay and Safe Workplaces rule. The decision was handed down from Judge Marcia Crone in the U.S....more
Federal contractors recently scored a significant victory when a preliminary injunction blocked much of the Fair Pay and Safe Workplaces rule from taking effect. The rule, based on a 2014 executive order, was issued in August...more
In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more