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Educational Institutions Sexual Assault

New York Institutions: Annual Certificates of Compliance With Education Law Articles 129-A and 129-B Due at NYSED by July 1

It’s that time of year again! Just a friendly reminder that New York colleges and universities must file their Article 129-A and Article 129-B of the Education Law Certification of Compliance with the New York State Education...more

Younger Abstention in Title IX Litigation: A Tale of Two Outcomes

by Saul Ewing LLP on

The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at...more

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

by Pepper Hamilton LLP on

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

OCR Signals Continued Title IX Enforcement

by Ballard Spahr LLP on

The U.S. Department of Education Office for Civil Rights (OCR) has announced the resolution of two Title IX sexual violence complaints filed against a private university in Ohio. In the resolution letter and agreement, which...more

Is Title IX Guidance and Enforcement About to Change?

by Pepper Hamilton LLP on

On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more

No Winners in Rolling Stone Verdict

by Robins Kaplan LLP on

A verdict was announced November 4, in Nicole P. Eramo v. Rolling Stone, LLC, et al., Civil Action No. 3:15-CV-00023, striking a legal and financial blow for the publication and its journalist, Sabrina Rubin Erdely. A...more

OCR Decides Lack of Procedural Protections for Accused Students Violates Title IX

by Ballard Spahr LLP on

After years of decisions in which the U.S. Department of Education’s Office for Civil Rights (OCR) criticized colleges' and universities' handling of claims filed by individuals alleging sexual assault on campus, OCR now...more

Department of Education Releases Training Materials on Handling Sexual Misconduct

by Franczek Radelet P.C. on

The Department of Education (DOE) recently released the Safe Place to Learn resource package, providing schools with a variety of materials aimed at eliminating student-on-student sexual harassment and sexual violence. The...more

Employers' Legislative Update: Governor Brown Signs New Bills

by Lewitt Hackman on

Tis the season for new laws in California and not all of it brings good tidings and cheer for employers. Recently, Governor Jerry Brown signed several state Assembly and Senate Bills affecting those who employ domestic...more

Sexual Abuse at St. George's School and the School's Reponse: 1970 to 2015

by Foley Hoag LLP on

In January 2016, I was asked to conduct an investigation concerning sexual abuse at St. George’s School, and the school’s response to reports of abuse, from 1960 to the present. At the time, St. George’s faced a firestorm of...more

Judge seals transcript of Title IX hearing

A federal judge in North Carolina sealed a transcript of a University of North Carolina (UNC) hearing to determine whether the plaintiff was responsible for committing sexual acts without consent. In the case in question, the...more

U.S. Department of Education Issues Revised Handbook for Campus Safety and Security Reporting

by Holland & Knight LLP on

For the first time in five years, the U.S. Department of Education (Department) has updated The Handbook for Campus Safety and Security Reporting, the primary resource for institutions of higher education seeking...more

American College Health Association Releases Guidelines to Address Campus Sexual and Relationship Violence

by Franczek Radelet P.C. on

Last week, the American College Health Association (ACHA) released guidelines for addressing sexual and relationship violence on college and university campuses. According to the ACHA, the purpose of the guidelines is to...more

$800K Settlement Illustrates Unique Issues Raised In Title IX Litigation

by Fisher Phillips on

Student-on-student sex-assault cases have recently taken center stage in the higher education arena. The last two months have seen legal developments in this area which aptly illustrate the seemingly Sisyphean task facing...more

79,000 students’ data breached by vendor of Cal State

We End Violence, a third party vendor that provides online sexual assault prevention training to California State (Cal State) students notified Cal State that it experienced a vulnerability in its underlying code that exposed...more

Is Your Institution Ready for the October 1 Clery Report Deadline?

by Baker Donelson on

By October 1, all colleges and universities that participate in federal financial aid programs must publish and distribute to all current and prospective students and employees an Annual Security and Fire Safety Report. As in...more

Illinois Preventing Sexual Violence in Higher Education Act Takes Effect

by Franczek Radelet P.C. on

On August 21, 2015 Governor Rauner signed into law the new Illinois Preventing Sexual Violence in Higher Education Act, Public Act 099-0426 (the Act). The new law imposes a number of requirements on higher education...more

Delaware Changes Online, Student Privacy Protection Laws

by Ballard Spahr LLP on

Four pieces of legislation intended to improve online privacy and protections for Delaware residents were signed into law by Governor Jack Markell on August 7, 2015. Collectively, this legislation will impact a broad range of...more

Religious Institutions: August 2015

by Holland & Knight LLP on

The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more

Religious Institutions: June 2015

by Holland & Knight LLP on

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

Higher Education: New York State to Pass Sexual Misconduct Legislation (6/15)

Recently, Governor Andrew Cuomo announced that he and State Legislative Leaders have reached an agreement regarding new sexual misconduct legislation. It may be recalled that several months ago, the Governor’s office...more

Vassar College Prevails in Respondent’s Title IX Lawsuit

by Ballard Spahr LLP on

A judge in the Southern District of New York recently granted summary judgment to Vassar College in a case brought by a former student accused of sexual assault. The plaintiff alleged that Vassar violated Title IX and various...more

White House Task Force Publishes Sample Law Enforcement MOU for Sexual Assault Cases

by Franczek Radelet P.C. on

On January 26, 2015, the White House Task Force to Protect Students from Sexual Assault (Task Force) published new guidance on building partnerships between law enforcement agencies and institutions of higher education....more

Harvard and OCR Enter into a Resolution Agreement – More Guidance for the Rest of Us

In the closing weeks of 2014, OCR announced its findings with respect to Harvard Law School’s Title IX compliance, as well as a resolution agreement which subjects the Law School, and the University, to monitoring for at...more

New Campus Security Laws Take Effect This Month

by Holland & Knight LLP on

A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand...more

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