Title IX

News & Analysis as of

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

Key Takeaways From Recent Reports On The Federal Government’s Efforts To Combat Sexual Assault On Campus

The Federal Government’s campaign to combat sexual assault on college campuses took a significant step forward on April 29, 2014, with the simultaneous release of a White House task force report setting forth a multi-pronged...more

Responsible Employees and Title IX

Under Title IX, the concept of “responsible employee” has a great deal of significance, as recently reaffirmed by OCR in its Questions and Answers on Title IX and Sexual Violence (Q&A), and previously reported in this blog....more

White House Issues Guidance for Preventing Sexual Assault on Campus

The White House is urging colleges and universities to take a more proactive approach to protecting students from sexual assault and recently announced new actions and guidelines in the first report of the White House Task...more

General Assembly Passes Campus Sexual Assault Bill

On April 29, 2014, the State Senate unanimously passed House Bill 5029, An Act Concerning Sexual Assault, Stalking and Intimate Partner Violence on Campus. Two weeks earlier the House of Representatives passed the same...more

Transgender Woman Seeks Coverage Under ACA

A transgender woman recently filed a complaint in the U.S. District Court for the Central District of Illinois against her primary care physician, as well as the not-for-profit health-care clinic with which her physician is...more

Guidance About Title IX: White House Task Force to Protect Students from Sexual Assault Releases its First Report

In a report released Tuesday, the White House task force on sexual assaults outlined five action steps and recommendations for ensuring compliance with Title IX and protecting students on college and university campuses from...more

Obama Administration Announces Voluminous Guidance Regarding Sexual Violence

Schools now have a substantial amount of additional guidance to review, process, and implement in their ongoing efforts to address sexual violence and achieve and maintain compliance with Title IX of the Education Amendments...more

Harvard University Faces Federal Investigation of Title IX Violations

Two Harvard students recently filed a federal complaint with the U.S. Department of Education's Office for Civil Rights (OCR) about the university’s sexual-assault policies. According to the complaint, Harvard College — the...more

Potential Institutional Liability to the Accused in Sexual Assault Cases

Recent articles and postings not only highlight the continuing focus on sexual assault cases on college campuses by the victims of those assaults, but also on the threat of litigation by those accused of the assaults. In the...more

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