Title IX

News & Analysis as of

The Feds Are Watching: Equitable Allocations In School Budgets

It is indisputable that education forms the cornerstone of a productive society. What is frequently disputed, however, is what that cornerstone should cost, and just as every year swallows return to San Juan Capistrano, so...more

Dozens of Harvard Law Professors Publicly Criticize The University’s Revised Sexual Harassment Policy

It may seem surprising – but even one of the most prestigious universities in the country got mixed in the U.S. Department of Education’s recent enforcement efforts to combat campus sexual misconduct. To make matters worse,...more

School Districts: School Districts’ Response to Sexual Harassment and Sexual Violence Under Scrutiny – Is Your District In...

The media stories being published across the nation criticizing schools for their failure to respond to sexual harassment and sexual violence against students serve as a warning to other school districts to consider whether...more

Department of Education Issues Final Regulations on Campus Sex Offense Reporting and Training, While Leaving Some Key Issues...

On Monday, the Department of Education published final regulations on how colleges and universities should prevent, report, and respond to sexual offenses on campus. These regulations interpret changes recently made by...more

Proposed Transgender Student-Athlete Policy Sparks Public Controversy in Minnesota

It looks like transgender students in Minnesota will have to wait a few more months to receive clarity on whether they can participate in school athletics and play on sports teams based on their preferred gender identity...more

Higher Education Compliance and the Scourge of Campus Sexual Assaults

Chief Compliance Officers who lament the challenges of their jobs should be thankful they are not in charge of compliance for higher education institutions. The culture of compliance has extended into many high-risk areas but...more

Former OSU Band Director Files Title IX Lawsuit After Being Terminated By University

Over the past year, an exceptional number of colleges and universities have been accused (by both complainants and alleged wrongdoers) of mishandling complaints of sexual assault and sexual harassment in violation of Title...more

Court Affirms Three-Part Title IX Test Applies to High Schools

In a recent decision, Ollier v. Sweetwater Union High School District, the Ninth Circuit Court of Appeals upheld a trial court finding that a public school district intentionally discriminated and retaliated against female...more

Title IX And Sexual Assault On Campus

In January this year, President Obama created the Task Force to Protect Students From Sexual Assault to provide colleges and universities with recommendations to prevent and respond to sexual assault and enhance efforts to...more

New Title IX Guidance Issued by White House

As part of the “Not Alone” campaign focusing on preventing sexual assault and violence, the White House released new guidance documents as part of “It’s On Us,” a new education campaign that seeks to “engage college students...more

Discipline as Defamation: Title IX, Disciplinary Panels, and The Risks of Righteousness in The Wake of Wells V. Xavier and Harris...

LR-college-campus_med_rgbTwo recent court rulings illustrate some of the perils facing university administrators when handling internal disciplinary complaints against students who have been alleged to have committed...more

Tips for gathering Clery statistics for this year’s report

Managing compliance with Title IX and the Jean Clery Act has been on many an administrator’s mind of late, and rightly so. In recent months, the U.S. Department of Education’s Office of Civil Rights (OCR) has through...more

Former JSU Women’s Basketball Coach Receives Additional Award in Wrongful Termination Suit

In August, a judge awarded former Jackson State University (JSU) head coach, Denise Taylor, $200,000 in damages for “emotional pain and suffering” she endured during her employment. Taylor was the head women’s basketball...more

Title IX Compliance

In the past few months, we have reported on how sixty-eight higher education institutions throughout the nation have made it onto the U.S. Department of Education’s public list of colleges and universities that are currently...more

UPDATE: UConn Settles Sexual Assault Lawsuit for $1.3 Million

We recently reported that five former and current students filed a federal lawsuit against the University of Connecticut (“UConn”) alleging discrimination and that the university failed to properly investigate claims of rape...more

Report Shows Colleges Don’t Do Enough to Prevent and Respond to Sexual Violence

On July 9, a U.S. congressional subcommittee issued a report that assessed how colleges and universities are doing in reporting, investigating and responding to sexual violence. Senator Claire McCaskill commissioned the...more

Guidance Regarding Compliance with Changes to Clery Act Made by VAWA Before Final Regulations Become Effective

Earlier this week, the U.S. Department of Education’s Office of Postsecondary Education (DOE) released guidance designed to assist institutions of higher education in determining how to comply with the Violence Against Women...more

Wells v. Xavier University: Investigating Campus Sexual Assaults and The Perils of Predetermination Under Title IX

The recent wave of Title IX complaints filed with the United States Department of Education’s Office for Civil Rights [“OCR”], claiming that colleges and universities were either ignoring or mishandling reports of sexual...more

Higher Education Highlights - Summer 2014

In This Issue: - Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions - Supreme Court Asked If State Universities Are Exempt From...more

Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New...

On April 29, 2014, the Office for Civil Rights of the United States Department of Education (“OCR”) issued a “significant guidance document” that sought to address many of the questions that arose in the wake of the April 4,...more

8 Steps to Ensure Campus SaVE Act Compliance by October 1

On October 1, colleges and universities submitting their Annual Security Reports (ASRs) under the Clery Act must also comply with the requirements of the Campus Sexual Violence Elimination Act (Campus SaVE Act). As part of...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 35: Title IX: We’ve Come a Long Way, Baby

For starters, you can’t refer to employees in the workplace as “baby” anymore. And for that, we can thank the enactment of a Title VII and Title IX. We’ve covered the enactment of Title VII here. Equally important was the...more

Confidentiality and Title IX

In OCR’s April 2011 Dear Colleague Letter, OCR referenced a covered institution’s obligations in the face of knowledge of sexual harassment/misconduct and a victim’s request for confidentiality and/or that the institution not...more

Recent Federal Guidance On Title IX And Sexual Violence

Over the last several weeks, colleges and universities have been inundated with new Title IX and sexual violence guidance and enforcement decisions to digest. First, the U.S. Department of Education’s Office for Civil Rights...more

Private Colleges and Universities Experiencing High Levels of Union Organizing

The efforts of Northwestern University football players to form a union may have garnered the most national media attention, but private colleges and universities across the country have seen union organizing efforts since...more

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