Sexual Assault

News & Analysis as of

A Review of New York’s Proposed Sexual Violence Legislation – Part I: Consent

As we noted in our last post, we will be taking a closer look at the specific provisions of New York’s proposed sexual violence legislation over the next week or so. With the Governor’s Office urging New York colleges and...more

Sexual Violence Legislation Proposed for Colleges and Universities in New York

As many of you know, on Wednesday, February 25, New York’s Governor Cuomo announced his support for new legislation in New York related to sexual misconduct on college campuses. ...more

White House Task Force Publishes Sample Law Enforcement MOU for Sexual Assault Cases

On January 26, 2015, the White House Task Force to Protect Students from Sexual Assault (Task Force) published new guidance on building partnerships between law enforcement agencies and institutions of higher education....more

White House Task Force on Sexual Assault Advises Colleges on Working with Law Enforcement

In its April 2014 report, the White House Task Force to Protect Students From Sexual Assault promised to release a sample Memorandum of Understanding to provide guidance to institutions of higher education that wish to...more

Cullen & Dykman Sees Colleges Calling for Title IX Help v [Video]

Jan. 27, 2015 (Mimesis Law) -- Jim Ryan talks with Lee Pacchia about how the rise in reported on-campus sexual assaults and the pressures on colleges and universities to do something about the problem has translated into a...more

10th Circuit Holds No E&O Coverage for Sexual Assault Claim

In its recent decision in Hanover Am. Ins. Co. v. Balfour, 2015 U.S. App. LEXIS 874 (10th Cir. Jan. 21, 2015), the United States Court of Appeals for the Tenth Circuit, applying Oklahoma law, had occasion to consider whether...more

HK's Christine Helwick Tells the Daily Journal That "Only Yes Means Yes In California Schools"

California has become the first state in the nation to enact a "yes means yes" standard in university disciplinary hearings involving claims of sexual assault, domestic violence, dating violence and stalking. All colleges and...more

Two Thoughts On The Faruqi Sexual Harassment Trial

I hope that everyone is following the Marchuk v. Faruqi & Faruqi sexual harassment trial that is taking place as we speak in Manhattan. If you haven’t been, then now is the time to start!...more

The Ends Justify The Means: Ha v. Northwestern University and Responding to Sexual Harassment Under Title IX

The recent decision in Ha v. Northwestern University, reiterates the leeway educational institutions have under Title IX when crafting a response to claims of sexual harassment. The plaintiff in Ha alleged that in February...more

Harvard and OCR Enter into a Resolution Agreement – More Guidance for the Rest of Us

In the closing weeks of 2014, OCR announced its findings with respect to Harvard Law School’s Title IX compliance, as well as a resolution agreement which subjects the Law School, and the University, to monitoring for at...more

U.S. Department of Education Finds Harvard Law School To Be In Violation of Title IX

It may seem hard to believe – but even one of the most prestigious law schools in the country got mixed in the U.S. Department of Education’s recent crackdown on campus sexual misconduct....more

Department of Justice Releases Report on Rape and Sexual Assault Victimization Among College-Age Women

Late last week, a Special Report on Rape and Sexual Assault Victimization Among College-Age Females (“Report”), for the period 1995-2013, was issued. The results are based on information taken from the U.S. Department of...more

Rolling Stone Retracts UVA Article Detailing Alleged Gang Rape

We previously reported that on November 19, 2014, Rolling Stone published an article titled “A Rape on Campus” by Sabrina Rubin Erdely. The article offers a brutal account of an alleged sexual assault of a freshman student,...more

University of Virginia Suspends All Fraternities Amid Report of Sexual Assault Allegations

Just days after Rolling Stone published an article detailing the alleged sexual assault of a freshman student by seven men inside a fraternity house, the President of the University of Virginia, Teresa A. Sullivan, in a...more

Pulling Mark Filip from UVA Rape Investigation Makes “Independence” a Silly Talisman

I really don’t mean to be a mouthpiece for Kirkland & Ellis white collar lawyers. But they’ve been in the news in recent days, this time in connection with this horrific story about widespread sexual assaults at the...more

Amended Clery Act Regulations Mandate New Disclosures and Procedures

The Department of Education has published new regulations interpreting and applying the newly modified Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The rules include a...more

Insurance Coverage – Duty to Defend – Sexual Assault Claim

Insurance Coverage – Duty to Defend – Sexual Assault Claim - Court Of Appeal, Second Appellate District (October 6, 2014) - Most commercial general liability policies provide coverage for negligent acts only. ...more

MIT 2014 Community Attitudes on Sexual Assault

More than 3,800 undergraduate and graduate students responded, or about 35% of the institution’s total student population. (This 35% consisted of 46% of surveyed undergraduate females, 35% of undergraduate males, 37% of...more

School Districts: School Districts’ Response to Sexual Harassment and Sexual Violence Under Scrutiny – Is Your District In...

The media stories being published across the nation criticizing schools for their failure to respond to sexual harassment and sexual violence against students serve as a warning to other school districts to consider whether...more

EEOC Sues County Fair Farm for Sexual Harassment

Federal Agency Charges County Fair Farm With Subjecting Female Farmworkers to Groping, Verbal Abuse, Solicitations for Sex - BOSTON -- County Fair Farm, a farm and produce wholesaler located in Jefferson, Maine,...more

Department of Education Issues Final Regulations on Campus Sex Offense Reporting and Training, While Leaving Some Key Issues...

On Monday, the Department of Education published final regulations on how colleges and universities should prevent, report, and respond to sexual offenses on campus. These regulations interpret changes recently made by...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

Higher Education Compliance and the Scourge of Campus Sexual Assaults

Chief Compliance Officers who lament the challenges of their jobs should be thankful they are not in charge of compliance for higher education institutions. The culture of compliance has extended into many high-risk areas but...more

Former OSU Band Director Files Title IX Lawsuit After Being Terminated By University

Over the past year, an exceptional number of colleges and universities have been accused (by both complainants and alleged wrongdoers) of mishandling complaints of sexual assault and sexual harassment in violation of Title...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

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