Title IX

News & Analysis as of

Health Care Reform in Transition While Congress Deliberates

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and...

As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in...more

Title IX Update: January 2017 - Recent Title IX Developments

Nexsen Pruet’s Title IX team assists educational institutions in Title IX compliance. The team’s primary focus includes assisting with Title IX complaint investigations and serving as adjudicators. The team also provides...more

The Ball Dropped on New Year’s Eve for Some ACA Section 1557 Nondiscrimination Rules

Some employers may want to reconsider their approach to gender transition benefits after a federal court enjoined the U.S. Department of Health and Human Services (HHS) from enforcing its 2016 nondiscrimination regulations...more

Title IX Enforcement and Interpretation: The Winds of Change are Blowing

Seyfarth Synopsis: Title IX enforcement issues continue to notably permeate the agenda of colleges and universities. The winds of change to Title IX enforcement may be blowing in 2017. This Management Alert will review the...more

Impact on Transgender Students as the Meaning of “Sex” Discrimination Under Title IX Evolves

The rights due to a student under Title IX continue to evolve. Title IX prohibits discrimination based on “sex,” which historically has meant that biological male and female students are required to be treated as equals....more

Best Practices for Collegiate Coaches Regarding Title IX

Title IX continues to evolve and the future enforcement of the legislation may be somewhat uncertain due to the transition of leadership at the federal level as summarized by Marissa Pollick in her recent post. Despite this...more

Whistleblowers on Campus: DOJ Adds Research Universities to its False Claims Act Focus

Federal funding is the grand prize for higher education research institutions. Each year, the federal government pumps hundreds of millions of dollars in research grants and awards into the university system. These funds are...more

New Attorney General Nominee Raises Questions for Civil Rights Enforcement

President-Elect Donald Trump has offered the job of Attorney General of the United States to Senator Jeff Sessions (R- Alabama). The announcement raised eyebrows in some circles due to Senator Sessions’ history and recent...more

Supreme Court Update: Order List November 2016

The Court has been relatively quiet since our last missive—we're still waiting for the first signed opinion of the term—but we suspect your minds have been focused on other branches of government over the last few weeks...more

Supreme Court to Rule on Case Addressing Bathroom Access Based on Gender Identity

On October 28, 2016, the U.S. Supreme Court agreed to hear an appeal in the matter of Gloucester County School Board v. G.G., which asks the Court to weigh in on the issue of restroom access for transgender students. The...more

Title IX Enforcement: Potential Changes for Schools and Universities

Schools and universities should be informed that Title IX enforcement in the area of campus sexual assault might be scaled back or even eliminated under the new Trump administration. This is particularly significant for...more

United States Supreme Court to Review Student Transgender Bathroom Access Case

On October 28, 2016, the Justices of the United States Supreme Court announced that they would hear the appeal of the Gloucester County School Board's appeal from the United States Court of Appeals for the Fourth Circuit in...more

SCOTUS Grimm decision could impact CFPB position on ECOA protection for gender identity and sexual orientation

On October 28, 2016, the U.S. Supreme Court granted the petition for a writ of certiorari in Grimm v. Gloucester County School Board, a decision of the U.S. Court of Appeals for the Fourth Circuit that marked the first time...more

United States Supreme Court to Hear Case Concerning Transgender Student Rights under Title IX

Amid a national background of litigation concerning the U.S. Department of Education’s directives involving the rights of transgender students, on October 28, 2016, the Supreme Court of the United States granted certiorari to...more

Supreme Court Agrees to Review Transgender Restroom Use

Last week, the U.S. Supreme Court accepted review of a Fourth Circuit Court of Appeals decision that could determine whether transgender status is a protected classification under federal civil rights laws. In Gloucester Sch....more

U.S. Department of Education Finds Students Accused of Sexual Misconduct Had Title IX Rights Violated by Wesley College

The U.S. Department of Education recently announced that Wesley College, a private, liberal arts university in Dover, Delaware, violated Title IX of the Education Amendments of 1972 (“Title IX”) by allegedly disregarding the...more

Title IX and due process: ED tells Wesley that accused student not treated fairly

In a rare move, the Department of Education announced on October 12, 2016, its determination that Wesley College in Delaware had violated Title IX by failing to provide appropriate procedural protections to a student accused...more

U.S. Supreme Court to Hear Transgender Student Case

The U.S. Supreme Court has agreed to hear oral argument in one of the high-profile challenges to the legality of the Dear Colleague Letter (“DCL”) jointly issued by the U.S. Departments of Justice and Education on May 13,...more

U.S. Supreme Court Agrees to Hear Transgender Bathroom Case

Questions regarding bathroom access for transgender individuals have been among the most prevalent in American society in the last year. We have written about this topic on several occasions recently due to activity in...more

U.S. Supreme Court To Rule Upon Transgender Student Issue

In the latest development of transgender student issues, the United States Supreme Court agreed to review the ruling of the Fourth Circuit Court of Appeals in the matter of Gloucester County School Board v. G.G., 822 F.3d 709...more

Supreme Court Will Review Fourth Circuit Decision in Transgender Student’s Rights Case

On October 28, 2016 the United States Supreme Court agreed to review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. This case is about whether a Virginia School Board’s policy limiting students’...more

Breaking: Supreme Court to Weigh in on Transgender Restroom Access in Schools

The U.S. Supreme Court on Friday accepted a closely watched case over restroom access for transgender students. Gloucester County School Board v. G.G., will examine whether the Title IX education code’s prohibition on “sex”...more

Texas Judge Clarifies Scope of Transgender Guidance Injunction; Feds Appeal to 5th Circuit

We have been tracking the development of litigation concerning rights, obligations, and duties with regard to transgender students as cases unfold across the country. Earlier this summer, Texas and twelve other states...more

Ohio Judge Upholds Federal Guidelines for Transgender Students

The landscape of transgender law impacting students is quickly evolving, in large part due to the increasing national debate over restroom access for transgender students. By way of background, under Title IX, schools...more

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