News & Analysis as of

Sexual Assault

Canary in a Coal Mine: Analyzing Title IX, OCR, and On-Campus Sexual Misconduct Adjudications in Plummer v. University of Houston

It is unusual for a dissenting opinion to be more noteworthy than the majority’s holding, yet that is the case in Plummer v. University of Houston, a decision recently handed down by the United States Court of Appeals for the...more

July 1, 2017, Notice Required Regarding Domestic Violence, Stalking and Sexual Assault

by BakerHostetler on

Effective July 1, 2017, California employers with 25 or more employees are required to provide to new employees upon hire and to current employees upon request notice regarding the rights of victims of domestic violence,...more

California Issues New Domestic Violence, Sexual Assault, Stalking Notice

by Jackson Lewis P.C. on

As required under AB 2337, California Division of Labor Standards Enforcement (“DLSE”) has published a new written notice to employees, in English and Spanish, regarding their rights to take protected leave for domestic...more

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

Notice of Rights of Victims of Domestic Violence Now Required for New Hires in California

Last September, California Governor Jerry Brown signed Assembly Bill 2337, which, effective July 1, 2017, requires California employers with 25 or more employees to provide written notice of workplace rights for victims of...more

One More Required Notice For CA New Hires

by Fox Rothschild LLP on

We previously blogged about the numerous documents CA employers need to give new employees upon hire. Well, add the “RIGHTS OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING” notice to the list. This notice has...more

Reminder: Notice of Rights of Victims of Domestic Violence Required for All California New Hires as of July 1, 2017

by Davis Wright Tremaine LLP on

This is a reminder that as of July 1, 2017, California employers must provide all new hires and any current employee who so requests a written notice of rights of victims of domestic violence, sexual assault and...more

Breaking News for New York Institutions: State to Narrow Scope of Article 129-B Audit

In light of the serious concerns institutions and advocates have expressed about FERPA and other privacy laws, we have recently been informed that the Office of Campus Safety will likely revise its Notice of Audit, dated June...more

New Notice Requirement For Domestic Violence Victims’ Rights To Go Into Effect (July 1, 2017)

As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on July 1, 2017As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on...more

Domestic Violence Leave Notices Now Available for Download

As we mentioned in our June 21, 2017, Client Alert (“Mid-Year Compliance Check-Up!”), effective July 1, 2017, employers must provide employees with a written notice, to be created by the California Labor Commissioner,...more

N.Y. Education Law Article 129-B Notice of Audit Issued to New York Colleges and Universities

Many institutions are reporting receipt of a letter dated June 26, 2017 from the New York Office of Campus Safety with an attached Notice of Audit (“Notice”) pursuant to New York Education Law Article 129-B (N.Y. Educ. Law §§...more

New York Institutions: Annual Certificates of Compliance With Education Law Articles 129-A and 129-B Due at NYSED by July 1

It’s that time of year again! Just a friendly reminder that New York colleges and universities must file their Article 129-A and Article 129-B of the Education Law Certification of Compliance with the New York State Education...more

Younger Abstention in Title IX Litigation: A Tale of Two Outcomes

by Saul Ewing LLP on

The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at...more

Office for Civil Rights Reduces Scope of Investigations to More 'Swiftly' and 'Efficiently' Resolve Complaints

by Pepper Hamilton LLP on

The Chronicle of Higher Education recently reported that, on June 8, 2017, the Department of Education’s Office for Civil Rights (OCR) distributed an internal memo containing new guidance that will provide regional offices...more

OCR Changes Investigation Protocols for Civil Rights Complaints

by Franczek Radelet P.C. on

Candice Jackson, the U.S. Department of Education’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, recently provided a “new internal guidance” memorandum to staff that significantly changes the Office...more

Second Circuit Rejects Novel Due Process Challenge to Rule Permitting Evidence of Prior Sexual Assaults

The Second Circuit joined its sister circuits and upheld the constitutionality Federal Rule of Evidence 413, which renders admissible propensity evidence about the defendant in sexual assault cases. In United States v....more

2017 Vermont Legislative Session | The Year in Review - DRM's Government & Public Affairs Team Final Analysis

by Downs Rachlin Martin PLLC on

A May 18th adjournment brought to a close the first half of the 74th biennial session of the Vermont General Assembly. Drama awaits as Gov. Phil Scott has threatened to veto H.518, the fiscal year 2018 budget, over an...more

Who’s Protected Where? State and Local Laws Expand Protections Against Discrimination

by Zelle LLP on

Prohibitions against discrimination in employment based on race, national origin, religion, sex, age, and disability are generally familiar to business owners, HR professionals, and in-house counsel. Because these...more

Campus Sexual Assault Investigations Need Greater Fairness for All Parties, Trial Lawyers Group Says

by Jackson Lewis P.C. on

The American College of Trial Lawyers (ACTL) has released a White Paper on Campus Sexual Assault Investigations aimed at improving the process employed by universities to address campus sexual assaults....more

Don’t Be Unprepared For Student-On-Student Sexual Assault Allegations

by Fisher Phillips on

Many are aware of the alarming rise in the number of student sexual assaults on college campuses across the country. The May 2015 issue of JAMA Pediatrics reported that one in five women will be the victim of a sexual assault...more

President Trump Revokes Blacklisting Executive Order, Including Paycheck Disclosure Requirements

by FordHarrison on

President Trump has signed a Joint Resolution (H.J. Res. 37) disapproving federal agency rules implementing the Fair Pay and Safe Workplaces Executive Order (EO 13673) (also known as the “Blacklisting” EO) signed by former...more

Title IX Update - April 2017

by Nexsen Pruet, PLLC on

University of Alaska System – February 2017 - In late February, the Department of Education Office for Civil Rights (“OCR”) entered into a Resolution Agreement with the University of Alaska System related to a compliance...more

Violence Against Women

by Sherman & Howard L.L.C. on

The facts alleged are horrific. A supervisor had a history of screaming obscenities and throwing things at women who worked for him. The employer sent him to anger management classes. His preferred victim was seven months...more

OCR Signals Continued Title IX Enforcement

by Ballard Spahr LLP on

The U.S. Department of Education Office for Civil Rights (OCR) has announced the resolution of two Title IX sexual violence complaints filed against a private university in Ohio. In the resolution letter and agreement, which...more

News from the Vermont Statehouse An - Analysis from DRM’s Government & Public Affairs Team - March 2017 #2

by Downs Rachlin Martin PLLC on

The House Ways and Means Committee is considering a proposal from the Vermont Department of Taxes to reduce the amount of use tax a person can pay without providing records to prove his or her tax liability. The rate would...more

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