News & Analysis as of

Sexual Assault

Education Department Signals Possible Changes To Sexual Misconduct Dear Colleague Letter

by Jackson Lewis P.C. on

The Department of Education Office for Civil Rights has suggested that it is considering significant changes to or rescission of the April 4, 2011, Dear Colleague Letter on schools’ obligations to respond to sexual misconduct...more

Eight United States Senators Implore NCAA To Adopt ‘Uniform Policy’ On Sexual Assault

by Jackson Lewis P.C. on

On the heels of the NCAA’s Board of Governor’s recent policy announcement requiring college coaches, athletics administrators and student-athletes to be educated in sexual violence prevention, eight United States Senators...more

New Sexual Violence Prevention Education Policy Adopted By National Collegiate Athletic Association

by Jackson Lewis P.C. on

Coaches, athletics administrators, and student-athletes must be educated in sexual violence prevention under a policy adopted by the National Collegiate Athletic Association (NCAA) Board of Governors on August 8, 2017....more

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

by Fisher Phillips on

A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

Reminder: Employers Must Provide Notice of Victim Rights to Employees

by Ervin Cohen & Jessup LLP on

As a reminder, all California employers must provide the newly issued Rights of Victims of Domestic Violence, Sexual Assault and Stalking notice to new employees upon hire and to current employees on request. The notice...more

California Employers Face New Notice Requirement for Domestic Violence, Sexual Assault, and Stalking Time Off

The California Division of Labor Standards Enforcement (DLSE) has published a new form that must be added to the growing list of documents that employers are required to provide to employees at the time of hire. The new...more

California Adds New Notice Requirement for Domestic Violence, Sexual Assault and Stalking Victims

by Hinshaw & Culbertson LLP on

Employers, another notice provision has taken effect in California. Beginning on July 1, 2017, employers with at least 25 employees must now provide written notice to new employees that explain the rights of victims of...more

Respond to Employee Restraining Orders

by Sherman & Howard L.L.C. on

An employer will face a trial on whether it negligently supervised an employee’s co-worker. The two workers had a relationship that ended when the man sexually assaulted the woman in her home. After trips to the emergency...more

Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights

As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All...more

Alert: California New Hires Must Receive Notice of Workplace Rights of Victims of Domestic Violence

by Cooley LLP on

Existing California law prohibits employers from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault or stalking who takes time off work for...more

Department of Education Rethinking Campus Guidance on Sexual Assault

by Littler on

Higher education institutions may soon be asked to reconsider how they comply with Title IX obligations when a student or employee files a sexual assault complaint. The U.S. Department of Education (DOE) recently indicated it...more

Canary in a Coal Mine: Analyzing Title IX, OCR, and On-Campus Sexual Misconduct Adjudications in Plummer v. University of Houston

It is unusual for a dissenting opinion to be more noteworthy than the majority’s holding, yet that is the case in Plummer v. University of Houston, a decision recently handed down by the United States Court of Appeals for the...more

July 1, 2017, Notice Required Regarding Domestic Violence, Stalking and Sexual Assault

by BakerHostetler on

Effective July 1, 2017, California employers with 25 or more employees are required to provide to new employees upon hire and to current employees upon request notice regarding the rights of victims of domestic violence,...more

California Issues New Domestic Violence, Sexual Assault, Stalking Notice

by Jackson Lewis P.C. on

As required under AB 2337, California Division of Labor Standards Enforcement (“DLSE”) has published a new written notice to employees, in English and Spanish, regarding their rights to take protected leave for domestic...more

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

Notice of Rights of Victims of Domestic Violence Now Required for New Hires in California

Last September, California Governor Jerry Brown signed Assembly Bill 2337, which, effective July 1, 2017, requires California employers with 25 or more employees to provide written notice of workplace rights for victims of...more

One More Required Notice For CA New Hires

by Fox Rothschild LLP on

We previously blogged about the numerous documents CA employers need to give new employees upon hire. Well, add the “RIGHTS OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING” notice to the list. This notice has...more

Reminder: Notice of Rights of Victims of Domestic Violence Required for All California New Hires as of July 1, 2017

by Davis Wright Tremaine LLP on

This is a reminder that as of July 1, 2017, California employers must provide all new hires and any current employee who so requests a written notice of rights of victims of domestic violence, sexual assault and...more

Breaking News for New York Institutions: State to Narrow Scope of Article 129-B Audit

In light of the serious concerns institutions and advocates have expressed about FERPA and other privacy laws, we have recently been informed that the Office of Campus Safety will likely revise its Notice of Audit, dated June...more

New Notice Requirement For Domestic Violence Victims’ Rights To Go Into Effect (July 1, 2017)

As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on July 1, 2017As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on...more

Domestic Violence Leave Notices Now Available for Download

As we mentioned in our June 21, 2017, Client Alert (“Mid-Year Compliance Check-Up!”), effective July 1, 2017, employers must provide employees with a written notice, to be created by the California Labor Commissioner,...more

N.Y. Education Law Article 129-B Notice of Audit Issued to New York Colleges and Universities

Many institutions are reporting receipt of a letter dated June 26, 2017 from the New York Office of Campus Safety with an attached Notice of Audit (“Notice”) pursuant to New York Education Law Article 129-B (N.Y. Educ. Law §§...more

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

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