Sexual Assault

News & Analysis as of

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

Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New...

On April 29, 2014, the Office for Civil Rights of the United States Department of Education (“OCR”) issued a “significant guidance document” that sought to address many of the questions that arose in the wake of the April 4,...more

First Circuit Addresses Definition of “You” in Liability Policy

In its recent decision in Metropolitan Prop. & Cas. Ins. Co. v. McCarthy, 2014 U.S. App. LEXIS 10622 (1st Cir. June 5, 2014), the United States Court of Appeals for the First Circuit, applying Maine law, had occasion to...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

New Minnesota Law Should Prompt Employers To Review and Modify Employee Handbooks and Practices

This week, the Minnesota Governor signed the Women’s Economic Security Act (“WESA”) into law. The WESA makes a sweeping variety of changes and additions to Minnesota law aimed at protecting women’s economic security. These...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

Responsible Employees and Title IX

Under Title IX, the concept of “responsible employee” has a great deal of significance, as recently reaffirmed by OCR in its Questions and Answers on Title IX and Sexual Violence (Q&A), and previously reported in this blog....more

Sexual Harassment Training is Just One Component of Protecting Your Business: Remember CONSENT

If the EEOC called you today and said they were coming over to investigate how you handle complaints of sexual harassment and sexual violence, how would you feel? Is sweat beading on your brow just thinking about it?...more

New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions

On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State. The bill would prohibit New York state agencies from...more

White House Issues Guidance for Preventing Sexual Assault on Campus

The White House is urging colleges and universities to take a more proactive approach to protecting students from sexual assault and recently announced new actions and guidelines in the first report of the White House Task...more

General Assembly Passes Campus Sexual Assault Bill

On April 29, 2014, the State Senate unanimously passed House Bill 5029, An Act Concerning Sexual Assault, Stalking and Intimate Partner Violence on Campus. Two weeks earlier the House of Representatives passed the same...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

The Assault on Sexual Assault Continues – On Both the Federal and State Levels

As reported last week, The White House Task Force To Protect Students From Sexual Assault issued its first report. Simultaneously, OCR issued Q&As on Title IX obligations and related documents to help guide institutions and...more

Obama Administration Releases Names of Colleges and Universities Facing Sexual Assault Investigations

On May 1, the U.S. Department of Education released the names of 55 colleges and universities being investigated for their handling of sexual assault complaints. This public release of a comprehensive list of colleges under...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

Harvard University Faces Federal Investigation of Title IX Violations

Two Harvard students recently filed a federal complaint with the U.S. Department of Education's Office for Civil Rights (OCR) about the university’s sexual-assault policies. According to the complaint, Harvard College — the...more

Potential Institutional Liability to the Accused in Sexual Assault Cases

Recent articles and postings not only highlight the continuing focus on sexual assault cases on college campuses by the victims of those assaults, but also on the threat of litigation by those accused of the assaults. In the...more

Forced Sex During Marriage Warrants PFA Order, Court Rules

In Pennsylvania, the Protection From Abuse Act exists to prevent and protect individuals from abuse. The Protection From Abuse Act is commonly referred to as the PFA Act. Orders obtained under the PFA Act are regularly...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 Security Laws Take Effect This Month

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

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

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