Sexual Assault

News & Analysis as of

U.S. Department of Education Issues Revised Handbook for Campus Safety and Security Reporting

For the first time in five years, the U.S. Department of Education (Department) has updated The Handbook for Campus Safety and Security Reporting, the primary resource for institutions of higher education seeking...more

OSHA Hits Employer with Hefty Fine for Failing to Protect Employee from Assault by Client

A national home health care provider, doing business in York Pennsylvania as Epic Health Services, was recently issued a citation and significant fine by The Occupational Safety and Health Administration (OSHA) in connection...more

Sixth Circuit Holds Coverage Unavailable for Perpetrator of Sexual Misconduct

In its recent decision in Clifford v. Church Mutual Ins. Co., 2016 Fed. Appx. 0373N (6th Cir. July 5, 2016), the United States Court of Appeals for the Sixth Circuit, applying Ohio law, had occasion to consider the coverage...more

Stanford Swimmer Case And Baylor Athletics Report Return Focus To Title IX And Campus Sex Assault

The light criminal sentence meted out to former Stanford swimmer Brock Turner, coupled with a scathing independent report about the way Baylor University purportedly responded to claims of sex misconduct in general and sex...more

Defamation Lawsuit Against Rolling Stone by Former UVA Fraternity Brothers Dismissed

This week, a judge dismissed a defamation lawsuit against Rolling Stone by three former Phi Kappa Psi fraternity brothers from the University of Virginia. The case resulted from a Rolling Stone article published in 2014,...more

Federal Judge Dismisses Defamation Suit Against Rolling Stone After Discredited University of Virginia Profile

A New York federal judge recently granted a motion to dismiss a defamation lawsuit against Rolling Stone magazine, its publisher Wenner Media, and journalist Sabrina Rubin Erdely. Three former University of Virginia (“UVA”)...more

The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi...

John Doe, a teenage member of the Mississippi Band of Choctaw Indians, was working as an intern at a Dollar General store on the Tribe’s Reservation when he was sexually molested by the manager of the store. Doe sued Dollar...more

Supreme Court Update: Fisher V. University Of Texas (14-981) And United States V. Texas (15-674)

While "Brexit" is dominating the international headlines, it was a Texas twin bill yesterday on First Street, as The Eight handed down a 4-4 affirmance in United States v. Texas (15-674), upholding a nationwide injunction...more

The Supreme Court - June 2016 #6

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

Former Yale Basketball Captain Sues University Over Sexual Misconduct Expulsion

Jack Montague, who was expelled from Yale University earlier this year following his involvement in an alleged sexual assault, recently filed a lawsuit against the University for allegedly mishandling the investigation and...more

New York State Department of Education Publishes New Filing Guidance on Section 129-B Policies

Below is an update that the New York State Education Department (“NYSED”) posted on its website on June 16th regarding the Certificate of Compliance required to be filed under Article 129-B with the NYSED by July 1, 2016,...more

American College Health Association Releases Guidelines to Address Campus Sexual and Relationship Violence

Last week, the American College Health Association (ACHA) released guidelines for addressing sexual and relationship violence on college and university campuses. According to the ACHA, the purpose of the guidelines is to...more

Article 129-B Deadlines Are Approaching

As you may already be aware, institutions must file a certificate of compliance with the provisions of Article 129-B with the New York State Education Department, by July 1, 2016. In addition, by July 1, 2016, and once every...more

Health Alert (Australia) - May 16, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 10 May 2016 - Allie v Allied Medical Group Pty Ltd (Human Rights) [2016] VCAT 728 Mr Allie...more

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

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