Sexual Assault

News & Analysis as of

UVA Fraternity Sues Rolling Stone Over “Rape On Campus” Story For $25 Million

Recently, the University of Virginia (“UVA”) chapter of the Phi Kappa Psi fraternity filed a lawsuit against Rolling Stone magazine in Virginia state court for $25 million alleging defamation in connection with its ‘A Rape on...more

Higher Education Highlights - Fall 2015

Risk managers who also happen to be attorneys are not always protected by the attorney-client privilege, according to a recent decision by the U.S. District Court for the Eastern District of Pennsylvania. In Casey v. Unitek...more

California Bill Seeking Minimum Punishments in College Sexual Misconduct Cases Vetoed

Recently, California Governor Jerry Brown vetoed a bill introduced to the California State Assembly earlier this year. The bill sought to require colleges to give a minimum two year suspension if a student was found guilty of...more

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

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

When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more

Section 230 of the Communications Decency Act: More Lessons to Be Learned

Courts continue to struggle with the application of CDA immunity to shield service provider defendants from liability in extreme cases. In this case, the Washington Supreme Court, in a 6-3 decision, affirmed the lower court’s...more

Africa Update - September 2015 #4

Leading the News - Burkina Faso: On September 17th, U.S. National Security Advisor Susan Rice condemned the unconstitutional seizure of power by elements of the Presidential Security Regiment in Burkina Faso and...more

Arizona’s How to Catch a Predator Laws: Are they really catching who they were meant for?

When it comes to sexual offenses, Arizona has some of the harshest prison sentences in the country. Recently law enforcement has been investigating, enforcing, and prosecuting crimes such as prostitution, child prostitution,...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

That is SO last week - September 2015 #2

Last week, Ellen Pao withdrew the appeal in her sex discrimination lawsuit against Kleiner Perkins. The Pao v. Kleiner Perkins trial captivated Silicon Valley as it sought to spotlight all-male company ski trips and double...more

President Issues Executive Order Mandating Paid Sick Leave for Employees of Federal Contractors

As previously reported on this Blog, recent news reports indicated that President Obama would be issuing an Executive Order mandating paid sick leave for the employees of federal contractors. The President did just that on...more

Africa Update - September 2015 #2

Leading the News: South Sudan - On September 9th, the United Nations (U.N.) Children’s Fund (UNICEF) and the World Food Programme (WFP) announced ramped up efforts to reverse dire malnutrition in South Sudan. The...more

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

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

President Obama Issues Labor Day Executive Order Requiring Federal Contractors to Provide Paid Sick Leave to Employees

President Obama has issued an executive order requiring federal contractors to provide up to seven days of paid sick leave per year to their employees. The White House anticipates that the requirement could benefit more than...more

Blacklisting for Past Labor Violations -- Executive Order 13673

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

New Illinois Law Addresses Sexual Assaults on College Campuses

House Bill 821, intended to help colleges and universities prevent and address sexual assaults, was signed into law by Illinois Governor Bruce Rauner on August 21, 2015. The new law, which goes into effect August 1, 2016,...more

Africa Update - August 2015 #4

Leading the News - South Sudan: On August 25th, a panel of United Nations (U.N.) experts monitoring U.N. sanctions on South Sudan released a report disclosing evidence that South Sudanese solders raped children,...more

Illinois Preventing Sexual Violence in Higher Education Act Takes Effect

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

President Obama to Issue Executive Order Mandating Paid Sick Leave for Federal Contractors

We recently learned that President Obama plans to issue an Executive Order mandating paid sick leave for employees of federal contractors and subcontractors. This comes as no surprise as the President has utilized his power...more

Delaware Changes Online, Student Privacy Protection Laws

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

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

Executive Order Requiring Paid Sick Leave In the Works

We previously reported on other recently executed Executive Orders and it appears there is another in the works directed to government contractors. The new Executive Order circulating Washington will likely mandate paid sick...more

Religious Institutions: August 2015

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

Is Mandatory Paid Sick Leave on the Horizon for Federal Contractors?

The next big change for federal contractors may be a requirement that they provide paid sick leave to employees. According to the New York Times, President Obama has drafted an executive order that would require federal...more

Accused Student’s Title IX Claim Gets Rejected

A recent Title IX lawsuit by a University of South Florida (“USF”) student was dismissed by a federal judge. The student, John Doe, accused USF of violating his rights under Title IX of the Education Amendments of 1972, 20...more

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