Rape

News & Analysis as of

California Adopts Unprecedented “Yes Means Yes” Law, Changing the Way Colleges Must Investigate Sexual Assault Allegations

On September 28, 2014, California Governor Jerry Brown announced that he had signed SB967, the so-called “Yes Means Yes” bill into law, effectively changing the definition of “consent” for sexual partners on California...more

U.S. Department of Education Promulgates Final Regulations Implementing Recent Clery Act Amendments

The U.S. Department of Education has issued final regulations implementing changes made to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“the Clery Act”) by Section 304 of the Violence...more

University of Florida Quarterback Is Reinstated After Accuser Withdraws Sexual Assault Complaint

James Ryan, the Partner-in-Charge of the Education Litigation Department of Cullen and Dykman LLP was recently featured in The Chronicle of Higher Education, regarding the highly publicized University of Florida (the...more

Title IX And Sexual Assault On Campus

In January this year, President Obama created the Task Force to Protect Students From Sexual Assault to provide colleges and universities with recommendations to prevent and respond to sexual assault and enhance efforts to...more

Governor Andrew Cuomo Proposes Plan to Combat Sexual Assault on SUNY Campuses

Governor Andrew Cuomo and the State of New York are the latest players to join the nation-wide movement to reduce the number of sexual assaults occurring at the country’s colleges and universities. On Thursday, October 2,...more

Section 230 Does Not Apply to Allegations that Website for Models Failed to Warn Plaintiff About Potential for Rape

The 9th Circuit earlier this month decided that Section 230 of the Communications Decency Act, 47 U.S.C. § 230, does not bar claims that a networking website for models failed to warn a member that a third party might use the...more

Discipline as Defamation: Title IX, Disciplinary Panels, and The Risks of Righteousness in The Wake of Wells V. Xavier and Harris...

LR-college-campus_med_rgbTwo recent court rulings illustrate some of the perils facing university administrators when handling internal disciplinary complaints against students who have been alleged to have committed...more

U.S Senate Proposes New Bill Aimed at Curbing Campus Sexual Assault

Last week, a bipartisan group of eight U.S. Senators unveiled legislation aimed at decreasing the number of sexual assaults occurring on college and university campuses across the nation. The proposed legislation, titled the...more

UPDATE: UConn Settles Sexual Assault Lawsuit for $1.3 Million

We recently reported that five former and current students filed a federal lawsuit against the University of Connecticut (“UConn”) alleging discrimination and that the university failed to properly investigate claims of rape...more

Higher Education Highlights - Summer 2014

In This Issue: - Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions - Supreme Court Asked If State Universities Are Exempt From...more

Recent Federal Guidance On Title IX And Sexual Violence

Over the last several weeks, colleges and universities have been inundated with new Title IX and sexual violence guidance and enforcement decisions to digest. First, the U.S. Department of Education’s Office for Civil Rights...more

Key Takeaways From Recent Reports On The Federal Government’s Efforts To Combat Sexual Assault On Campus

The Federal Government’s campaign to combat sexual assault on college campuses took a significant step forward on April 29, 2014, with the simultaneous release of a White House task force report setting forth a multi-pronged...more

Legal Updates for Government Entities Covering March and April 2014

The Gallaghers sued TUSD and a TUSD school employee, Michael Corum, alleging that Corum sexually abused and/or exploited their developmentally challenged daughter at a TUSD school. The Gallaghers claimed that TUSD was...more

Guidance About Title IX: White House Task Force to Protect Students from Sexual Assault Releases its First Report

In a report released Tuesday, the White House task force on sexual assaults outlined five action steps and recommendations for ensuring compliance with Title IX and protecting students on college and university campuses from...more

Obama Administration Announces Voluminous Guidance Regarding Sexual Violence

Schools now have a substantial amount of additional guidance to review, process, and implement in their ongoing efforts to address sexual violence and achieve and maintain compliance with Title IX of the Education Amendments...more

Report of the White House Task Force to Protect Students from Sexual Assault

Today the White House issued the “first” report from its task force on sexual assault. The Report provides a number of recommendations for colleges and universities and is a “must read” for any administrator charged with any...more

ED Approves Draft Rules for VAWA Amendments to Clery Act

The U.S. Department of Education (ED) is currently in the midst of devising new regulations for colleges to broaden their reporting of campus crimes, as part of last year's reauthorization of the Violence Against Women Act...more

White House Task Force on Sexual Assault Releases First Report; OCR Issues Long-Awaited FAQs

The White House Task Force To Protect Students from Sexual Assault today released its first report, which contains a series of recommendations focused on identifying the scope of sexual assault on college and university...more

Forced Sex During Marriage Can Lead to a Protection From Abuse Order

Did you know that a spouse can get a protection from abuse order against the other for forced sex? That is what happened in the recent case of Boykai v. Young, 2004 Pa. Super. 4 (January 7, 2014). In Pennsylvania, the...more

Campus SaVE Act Keeping You Up at Night?

If you work in HR or Student Services for a college or university, you’re likely well aware of the Campus SaVE Act and the fact that it has added a long list of items to your to do list. When the law was first passed a year...more

New Campus SaVE Act Requirements Effective Today

Effective today, colleges and universities face new obligations regarding reports of crime statistics, student disciplinary procedures, and policies and procedures to address and prevent sexual violence on campus. The...more

The Time Is Now: Are You Ready To Implement The Campus SaVE Act On Your Campus?

With the March 7 effective date of the Campus Sexual Violence Elimination Act looming and the first Annual Security Reports impacted by the Act due later this year, the time for institutions of higher education to focus on...more

US Department of Education Levies More Fines for Clery Act Violations

President Obama recently called attention to the issue of sexual violence on college campuses, stating that “more needs to be done to ensure safe, secure environments for students” and that “we must strengthen and address...more

President Obama Launches Task Force on Campus Sexual Assaults

On January 22, 2014, President Obama announced the creation of a Task Force to Protect Students From Sexual Assault. The Task Force was announced in conjunction with the release of a report on rape and sexual assault from the...more

Ontario Court Gives Green Light to International Human Rights Tort Claims in Choc v. Hudbay Minerals Inc.

In a precedent-setting decision that could have important implications for Canadian companies with foreign operations, the Ontario Superior Court of Justice has allowed a lawsuit against Hudbay Minerals Inc. to proceed to...more

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