Sexual Assault

News & Analysis as of

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

Employment Law Blog: Students, Employees and Assaults: Parallels Between Academic and Employer Requirements

Is it simply “human nature”? University of Iowa President Sally Mason is under scrutiny for her comments regarding a recent sexual assault reported to the university. Mason’s remarks were interpreted by portions of 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

President Obama Announces White House Task Force On Protecting Students From Sexual Assault

On January 22, 2014, President Obama announced the creation of a White House Task Force on Protecting Students from Sexual Assault (Task Force). The President’s announcement was accompanied by a report issued by the White...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

Violation of Human Rights May Now Yield Additional Remedies in Abuse Cases

Ontario’s human rights legislation underwent various amendments in 2008. For the first time, a court deciding a civil lawsuit was allowed to order remedies for violation of human rights protected under the Human Rights Code....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

President Obama Establishes Task Force To Focus on Campus Sexual Assaults

In a memorandum issued earlier this week, President Obama announced the formation of an interagency task force to address incidents of rape and sexual assault at colleges and universities. Citing “uneven” compliance with...more

7 Tips For Responding to Title IX Complaints

In 2014, the Department of Education’s Office for Civil Rights (OCR) will continue to ramp up its Title IX enforcement efforts. Accordingly, universities should carefully review their anti-discrimination and anti-harassment...more

When Santa Is Naughty, Does He Give Himself a Lump of Coal?

If so, then Santa should be giving himself a nice chunk of West Virginia’s finest to burn in his stove this Christmas. According the Associated Press, recently, at a mall in Hingham, Massachusetts, Santa was barred from the...more

California Law Extends Workplace Discrimination Prohibition to Stalking Victims and Imposes New Reasonable Accommodation...

California Governor Jerry Brown recently signed into law Senate Bill No. 400 (SB 400), which expands the state's current employment discrimination protections to victims of stalking. Effective January 1, 2014, SB 400 amends...more

Recent Cases of Interest to Regulators

Off Duty Conduct - Fountain v. British Columbia College of Teachers, 2013 BCSC 773 (British Columbia Supreme Court) - Fountain, a teacher, fired a shot from a rifle over the heads of his sons in the aftermath of...more

The Integrated and Coordinated Approach to Title IX Compliance [Video]

Colleges and universities are tasked with responding to sexual harassment and assault in a manner that is compliant with federal guidance and authority; attuned to the welfare of students and employees; and consistent with...more

Employee With Crying Spells After Daughter's Sexual Assault Has Viable FMLA Claim

Kris was forced to endure the unthinkable: her daughter had just become the victim of a sexual assault. In the weeks that followed, Kris alerted her employer of the assault and the care her daughter would require in...more

U.S. Department of Education Imposes $275,000 Fine for Clery Act Violations

The U.S. Department of Education recently informed Lincoln University, located in Jefferson City, Missouri, that it intends to fine the university $275,000 because it did not comply with the requirements of the Jeanne Clery...more

New Jersey SAFE Act Poster Available

The New Jersey Department of Labor and Workforce Development is making available to employers a poster notifying employees of their rights under the New Jersey Security and Financial Empowerment Act (NJ SAFE Act). The NJ SAFE...more

OCR Investigations of Educational Institutions Find Violations of Title IX, Section 504, ADA

The U.S. Department of Education’s Office of Civil Rights (OCR) recently announced that its compliance reviews of two educational institutions found one institution did not comply with Title IX in responding to incidents of...more

12 New Laws California Employers Need To Know

California Governor Jerry Brown has recently signed into law numerous bills that will impact California employers. The most notable new California statutes, and one new San Francisco Ordinance, are summarized below. All...more

College and University Boards Advised to Become and Remain Informed of Sexual Misconduct on Campus

The Association of Governing Boards of Universities and Colleges (AGB) released an Advisory Statement on Sexual Misconduct on October 24. The AGB recognized many colleges and universities are now defending against lawsuits,...more

Lawyers call for higher damages in civil sexual assault cases

As a lawyer who regularly represents victims of sexual abuse, I was interviewed by Law Times about the quantum of damages awarded to successful plaintiffs in civil claims for sexual assault and sexual abuse. While the courts...more

Can All Evidence Be Presented?

The legal collection of evidence in a criminal defense matter is crucial. So is its presentation. In a recent Supreme Court case, the Court discussed a Nevada matter and the appropriateness of exclusion of evidence for the...more

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