Title IX

News & Analysis as of

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

The Bathroom Dilemma in the News – Transgender Rights on the Front Page

The front page of last Sunday’s New York Times ‘Styles’ section was almost entirely devoted to an article called “The Symbols of Change,” recounting how many public venues are converting from the traditional male/female...more

HHS’S New Anti-Discrimination Regulation Proposal Explained – Part 2

This is the second part in a two-part series about the HHS’s proposed anti-discrimination regulations - Gender Identity. Another area addressed in the regulations is “gender identity,” which refers to an...more

Suspended Student Sues Penn State University Alleging New Sexual Misconduct Investigative Procedures Violate Due Process

Last week, a federal judge in Pennsylvania granted injunctive relief to a student who was suspended from Penn State University (the “University”) for alleged sexual misconduct. Specifically, the judge issued an order...more

OCR Takes a Stand on Transgender Students in Locker Rooms

The U.S. Department of Education’s Office for Civil Rights (OCR) found an Illinois school district in violation of Title IX of the Education Amendments of 1972 this week for denying a transgender student access to girls’...more

OCR Finds That Title IX Requires Equal Locker Room Access for Transgender Students

The US Department of Education, Office for Civil Rights (OCR), recently confirmed that transgender students are protected from sex-based discrimination under Title IX and found that a public school district violated Title IX...more

OCR Finds Title IX Violation for School District’s Prohibition of Transgender Student’s Use of Locker Room

The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently concluded that a public school district in Illinois violated Title IX both by prohibiting a transgender high school student from using the locker...more

Three Things You Need To Know: School Ordered To Allow Girls' Locker Room Access To Transgender Student

Should anatomically male transgender high school students who identify as female be allowed to use female locker rooms? In what has been described as a “momentous” decision, the Department of Education Office of Civil Rights...more

Healthcare Legal News: Volume 5, Number 4: HHS’s New Anti-Discrimination Regulation Proposal, Explained

In September, the Department of Health and Human Services (HHS) released proposed anti-discrimination regulations that, if adopted, change the playing field in which physicians and other healthcare providers practice. These...more

Title IX Implications of the O'Bannon Decision

The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX). In the...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

Court of Appeals Rules that Kansas University Cannot Expel Accused Student for Off-Campus Sexual Misconduct

To what extent can an institution discipline a student for off-campus behavior directed at another student vis-à-vis the Internet? This issue was addressed in a recent case involving the University of Kansas (the...more

Back-to-School Athletics Update

We are pleased to provide you with the following update authored by our new senior colleague, Jeffrey Orleans, former Executive Director of the Ivy League, who has joined our firm of counsel with a focus on athletics issues. ...more

Making Bad Choices: Title IX, Title VII and Ludlow V. Northwestern University

A prior post considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding...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

HHS Proposes Rules for Nondiscrimination in Health Care

On September 8, 2015, the U.S. Department of Health and Human Services (“HHS”) proposed new regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). Section 1557 prohibits...more

Nondiscrimination in Health Programs and Activities: Proposed Rules from HHS

...So, why did HHS need over five years to propose the set of rules published September 8? Here are a few highlights. For brevity’s sake, we omit foreign language service requirements, disability accommodation, compliance...more

New Illinois Law Addresses Sexual Assaults on College Campuses

House Bill 821, intended to help colleges and universities prevent and address sexual assaults, was signed into law by Illinois Governor Bruce Rauner on August 21, 2015. The new law, which goes into effect August 1, 2016,...more

Illinois Preventing Sexual Violence in Higher Education Act Takes Effect

On August 21, 2015 Governor Rauner signed into law the new Illinois Preventing Sexual Violence in Higher Education Act, Public Act 099-0426 (the Act). The new law imposes a number of requirements on higher education...more

NLRB Decision on Student-Athlete Unionization a Win for Colleges, But Title IX Still in Play

The National Labor Relations Board (NLRB) issued a unanimous decision on Aug. 17, 2015, dismissing a petition filed by Northwestern University scholarship football players seeking to unionize under the National Labor...more

Alert: New Clery Act Requirements Warrant Close Review Before October 1 Deadline

New regulations under the federal Violence Against Women Act ("VAWA") that took effect in July have a direct impact on all institutions' Annual Security Reports as well as other aspects of institutions' compliance with the...more

Caitlyn on the track: Athletics, Title IX, and the transgender community

In our previous post, we discussed emerging federal policy regarding the application of federal anti-discrimination laws to the transgender community. We focused, in particular, on the “Statement of Interest” filed earlier...more

Ninth Circuit Issues Stay in O’Bannon Antitrust Lawsuit

Recently, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) granted the National Collegiate Athletic Association’s (the “NCAA”) request for a stay of a federal judge’s ruling that makes it illegal for the...more

The Future of Healthcare Discrimination Litigation-Section 1557 of the ACA

This article was originally published by American Health Lawyers Association. Copyright 2015, American Health Lawyers Association, Washington, DC. Reprint permission granted. It is no secret that the Affordable Care Act...more

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