Sexual Assault

News & Analysis as of

Attorneys in the Student Disciplinary Process: Requirements, Restrictions and Best Practices

Under the newly revised Clery Act, colleges and universities may not ban lawyers from attending and advising their clients at campus disciplinary proceedings involving sexual assault, domestic violence, dating violence and...more

Former Harvard Professor Files Title IX Lawsuit After Being Denied Tenure

Over the past year, an exceptional number of colleges and universities have been accused by both complainants and accused students of mishandling complaints of sexual misconduct in violation of Title IX. Now, in a somewhat...more

Vassar College Prevails in Respondent’s Title IX Lawsuit

A judge in the Southern District of New York recently granted summary judgment to Vassar College in a case brought by a former student accused of sexual assault. The plaintiff alleged that Vassar violated Title IX and various...more

Handling Student Sexual Assault In K-12 Schools

In March, U.S. News & World Report featured a lengthy story provocatively titled, “High Schools and Middle Schools Are Failing Victims of Sexual Assault.” In addition to documenting situations where schools allegedly...more

Insurance – Duty to Defend

Gonzalez v. Fire Insurance Exchange, et al. - Court of Appeal, Sixth Appellate District (March 4, 2015) - Typically, claims of sexual assault or claims related to sexual assault are not covered under a standard...more

Federal Judge Finds Michigan School District Liable for Failure to Train Staff on Title IX

Earlier this week, U.S. District Judge Paul Maloney held that the Forest Hills School District, located near Grand Rapids, Michigan, can and will be held liable for its failure to provide Title IX training to staff on proper...more

A Review of New York’s Proposed Sexual Violence Legislation – Part 3: Notice of Victim’s Rights

New York’s proposed legislation contains extensive provisions dealing with victims’ rights. Specifically, Section 6442 of the legislation requires adoption of a Victim and Survivor Bill of Rights that provides for the right...more

A Review of New York’s Proposed Sexual Violence Legislation: Part 2 – Minimum “Sentencing” Requirement

In this installment of our continuing analysis of the Governor’s “Enough is Enough” proposed sexual violence legislation, we turn to the minimum penalties for offenders that the bill would require....more

Court Finds Potential for Personal Umbrella Coverage of Sexual Assault Not Covered by Underlying Homeowners Policy

In Gonzalez v. Fire Insurance Exchange (No. H039368, filed 2/5/15), a California appeals court ruled that a personal umbrella policy's broader coverage gave rise to a duty to defend sexual molestation allegations that were...more

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

122 Results
|
View per page
Page: of 5

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×