News & Analysis as of

Students Hostile Environment

Miller Canfield

Michigan Supreme Court: Student-on-Student Harassment Not a Recognized Claim

Miller Canfield on

Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no....more

TNG Consulting

[Webinar] Title VI, Islamophobia, Antisemitism, and the Balancing of Rights - August 8th, 2:00 pm ET

TNG Consulting on

Colleges and schools tend to value pluralistic communities that offer rich diversity and varied perspectives. That complex tapestry of backgrounds and life experiences adds dimension, but it can also bring strife between...more

Franczek P.C.

OCR Update: Shared Ancestry and Ethnicity Discrimination Guidance

Franczek P.C. on

In recent months, OCR has reached resolution agreements with a school district and two universities after investigating complaints of discrimination and harassment based on ancestry or ethnicity, including allegations...more

Bowditch & Dewey

Changing Requirements for Title VI Compliance?

Bowditch & Dewey on

Case resolutions released by the Department of Education’s Office for Civil Rights (“OCR”) in the past two weeks may be signaling a change in how OCR expects institutions of higher education to comply with Title VI’s mandate...more

Bond Schoeneck & King PLLC

OCR Resolves Title VI Complaints Against Two High-Profile Universities

Recent resolution agreements between the U.S. Department of Education’s Office for Civil Rights (OCR) and the University of Michigan (U-M) and the City University of New York (CUNY) offer valuable lessons for colleges and...more

Bowditch & Dewey

OCR Provides Examples of Discrimination Based on Shared Ancestry – Colleges Take Note!

Bowditch & Dewey on

On May 7, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) again issued guidance in the form of a Dear Colleague Letter (DCL) to educational institutions discussing how Title VI of the Civil Rights Act...more

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

BCLP on

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought: 15 States Sue to Challenge 2024 Title IX Regulations

As previously discussed in our four-part series, on April 19, 2024, the U.S. Department of Education released final Title IX regulations that apply to complaints of sex discrimination occurring on or after the effective date...more

Fox Rothschild LLP

Title IX Amendments: What School Administrators Need to Know Now

Fox Rothschild LLP on

The U.S. Department of Education has released long-awaited amendments to the Title IX regulations that will take effect Aug. 1, 2024. The amended regulations, released April 19, significantly broaden the protections of Title...more

Adams and Reese LLP

Long Awaited Updated Title IX Regulations Released – What Does it Mean for Your School?

Adams and Reese LLP on

On Friday, April 19, 2024, the United States Department of Education (USDoEd) released the final version (“final rule”) of its amendments to the regulations implementing Title IX. Title IX has now been significantly amended...more

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

Fisher Phillips on

Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

Franczek P.C.

Can Schools Limit Parents’ Hostile Speech: Federal Court Says Yes

Franczek P.C. on

School personnel should expect to encounter a heated parent from time to time; parents are often understandably passionate about their children’s educations. But what happens when parental advocacy escalates from vigorous...more

Franczek P.C.

What Title IX Administrators At All Levels Can Learn From Recent Sexual Assault Charges Against 10-Year-Old for Playground Tag...

Franczek P.C. on

My calendar has been full these past weeks with administrator trainings on Title IX, and one of the issues repeatedly raised is how age and maturity impact the analysis of whether conduct is sexual in nature. A recent report...more

McNees Wallace & Nurick LLC

Medical Resident: Student, Employee, or Both? Third Circuit Finds Hospital Residency Program May Be Subject to Title IX

In a recent case of first impression, the Third Circuit found that a private teaching hospital’s residency program was an “education program or activity” for purposes of a discrimination claim asserted under Title IX of the...more

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