Sexual Assault

News & Analysis as of

Happy Birthday William Shakespeare!

April 23rd will be the anniversary of William Shakespeare’s birth in 1564. He died on the same date in 1616, making this the 400th anniversary of his death. Actually, the exact date of his birth is unknown, but it is...more

California Appellate Court Finds College Student Accused of Sexual Assault Was Denied Due Process

In a ruling sure to reverberate on college campuses across the nation, a California appeals court unanimously reversed the trial court’s ruling in Doe v. Univ. of Southern California. In Doe, a student (“Doe”) sued the...more

Childhood Sexual Abuse – Delayed Accrual of Plaintiff’s Claims Against a Public Entity

Latrice Rubenstein v. Doe No. 1, et al. - Court of Appeal, Fourth Appellate District (March 22, 2016) - Generally, a civil cause of action for child molestation accrues at the time of the molestation, but delayed...more

Doe v. Brandeis University : Implications for University Disciplinary Systems and Policies

Case Background - Brandeis University initiated disciplinary proceedings against a student, John Doe, who allegedly engaged in sexual misconduct with another student, J.C. The two students had been in a romantic...more

The Rise of “Reverse Title-IX” Lawsuits – Do Colleges and Universities Have Anything to Fear?

Recently, Judge Gregory Woods of the Southern District of New York dismissed a Title IX lawsuit against Columbia University, asserting “reverse Title-IX” lawsuits do not constitute sex-based discrimination....more

“Mattress Performance” Title IX Lawsuit Against Columbia Is Dismissed

Last May, a former Columbia University student sued the university over the circumstances around Emma Sulkowicz’s widely publicized “Mattress Project,” in which Sulkowicz vowed to carry a mattress around campus so long as the...more

New Sexual Harassment Laws Create Additional Obligations for Ontario Employers

Following high-profile sexual harassment cases involving public figures, it is not surprising that combating sexual violence and harassment in the workplace has become a priority for the Ontario Government. In March 2015, the...more

Canadian Employment News Series - January 2016: Top 10 Canadian Employment Law Cases of 2015

With 2015 now behind us and our sights set on 2016, we have compiled the following list of ten significant Canadian employment law cases from 2015. This roundup is a cross-section of decisions from across the country,...more

Federal Government Remains Focused on Title IX Compliance

The National Science Foundation (NSF) and the U.S. Department of Justice (DOJ) recently made announcements that signal the government’s continued focus on ensuring that colleges and universities comply with Title IX's...more

The Hot, Sweaty, Smelly Results are In: You Can’t Sexually Harass Your Employee Even if She’s a Lawyer and You’re a Guru

In a tabloid-worthy legal verdict delivered on January 27, 2016, hot-yoga guru Bikram Choudhury has been found guilty by a Los Angeles jury of sexually harassing his own company lawyer and then firing her after she attempted...more

Florida State University Pays $950,000 to Settle Title IX Lawsuit

This week, James Ryan, a Partner at Cullen and Dykman LLP was featured in the Associated Press article regarding the highly publicized settlement between Florida State University (“FSU” or the “University”) and Erica Kinsman,...more

U.S. Senator Questions Whether U.S. Department of Education Has Overstepped Title IX Authority

Last week, U.S. Senator James Lankford (R-Okla.), chairman of the Senate’s Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management, sent a letter to John B. King, Jr., the Acting...more

The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees...

Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”)...more

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

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