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
As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more
This year, the Fourth Circuit dealt with two Title IX cases involving allegations of due process violations. In these cases, the Court assumed, but did not decide, that university students have a constitutionally protected...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
Last week, we began discussing Radwan v. Manuel, a case recently decided by the U.S. Circuit Court for the Second Circuit regarding discipline faced by a soccer player at the University of Connecticut, a public institution....more
The United States Court of Appeals for the Second Circuit has published a significant ruling addressing college student athletes’ First Amendment, procedural due process, and Title IX rights. The case, Radwan v. Manuel,...more
In neighboring states last week, the federal courts issued two decisions affirming the rights of transgender students and athletes. In Connecticut, the Second Circuit of the U.S. Court of Appeals affirmed the dismissal of a...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
Messeri v. University of Colorado at Boulder, No. 1:18-cv-02658-WJM-SKC In 2016, Jane Doe and Messeri met on the campus of the University of Colorado at Boulder where Messeri was enrolled. One night, while in Messeri’s room,...more
Doe v. Univ. of the Sciences, No. 19-2966 (3rd Cir., May 29, 2020) - Summary of procedural history: Plaintiff, a senior at The University of the Sciences in Philadelphia filed suit alleging USciences discriminated...more
Key Takeaways - - The Ninth Circuit’s recent decision in Schwake v. Arizona Board of Regents is the latest to highlight the need for fair process in college and university disciplinary proceedings involving sexual...more
Key Takeaways: The Sixth Circuit’s Doe v. Oberlin College decision confirms that in college and university disciplinary cases, fair processes are not optional; they apply to everyone alike—whether the accused or the...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
Key Cases - School States Claim Against State Superintendent for Unconstitutional Discrimination In Bethel Ministries, Inc. v. Salmon, No. SAG-19-01853, 2019 WL 6034988 (D. Md. Nov. 14, 2019), the court denied Maryland...more
Constitutional due process does not mean a student accused of assault has the right to directly cross-examine his accuser in adjudications under Title IX of the Education Amendments of 1972 at state institutions of higher...more
The U.S. Court of Appeals for the First Circuit determined that constitutional due process principles do not require public universities to permit respondents or their advisors to cross-examine complainants in Title IX...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
While some educational institutions are waiting for the pending federal regulations to be finalized before changing their Title IX policies and procedures, recent court opinions illustrate that the judicial branch is eager to...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