Title IX

News & Analysis as of

Illinois Court Finds In Favor of School District in Dispute Over District’s Decision to Allow Bathroom and Locker Room Access for...

In an opinion issued yesterday, U.S. District Court Magistrate Judge Jeffrey Gilbert decided that Township High School District 211 “balanced the interests of all its students when it decided to permit transgender students to...more

Four Practical Tips For K-12 Title IX Compliance

Administrators at K-12 school districts around the country have enormous responsibilities, with Title IX compliance high up on their list. While all administrators are concerned with doing the right thing by their students,...more

OCR Decides Lack of Procedural Protections for Accused Students Violates Title IX

After years of decisions in which the U.S. Department of Education’s Office for Civil Rights (OCR) criticized colleges' and universities' handling of claims filed by individuals alleging sexual assault on campus, OCR now...more

I Meant What I Said: Transgender Student Rights In Connecticut In The Face Of The Latest Federal Court Developments

As we have previously written, the United States Departments of Education and Justice issued joint guidance for school districts regarding transgender students via a May 13, 2016 “Dear Colleague Letter.” This guidance was...more

White House Addresses Sexual Misconduct in K-12 Schools

A new notice and resource materials from the White House remind K-12 schools of their obligations to prevent and address sexual misconduct under Title IX of the Education Act of 1972. Like colleges and universities, K-12...more

Department of Education Releases Training Materials on Handling Sexual Misconduct

The Department of Education (DOE) recently released the Safe Place to Learn resource package, providing schools with a variety of materials aimed at eliminating student-on-student sexual harassment and sexual violence. The...more

What Does the Future Hold for Doe v. Columbia and the Pleading Standard in Respondent Litigation?

In July 2016, the Second Circuit Court of Appeals overruled its longstanding precedent Yusuf v. Vassar College, which held that students alleging gender discrimination arising from disciplinary proceedings were held to a...more

The Financial Choice Act: Implications for the U.S. Securities Legal Framework

On September 13, 2016, the House Financial Services Committee of the United States House of Representatives (the “FSC”) formally released H.R. 5983, the “Financial CHOICE Act” (the “CHOICE Act”). While the CHOICE Act has...more

North Carolina’s “Bathroom Bill” Dealt a Blow as Debate on Transgender Access Continues

On August 26, 2016, a North Carolina federal judge blocked the University of North Carolina (UNC) from enforcing a state law requiring transgender people to use bathrooms and locker rooms corresponding to the sex on their...more

Scandals, Investigations, and Media Scrutiny – The Need for Proactive Policies and Procedures in Athletics Departments

With the college football season set to kick off, most attention will turn to wins and losses rather than the off-field issues that place universities and athletic departments in the media spotlight. However, with the...more

Connecticut Unaffected by Federal Court Order Forbidding Enforcement of Transgender Guidance

Recently, a federal district court in Texas sided with Texas and several other states that challenged federal guidance instructing schools to accommodate transgender students under federal anti-discrimination laws. The...more

HHS Issues Final Rule on the ACA's Anti-Discrimination Provisions

On May 18, 2016, the Department of Health and Human Services (HHS) issued a final rule (the Rule) implementing the prohibition on discrimination under Section 1557 of the Affordable Care Act (ACA). Section 1557 prohibits...more

Latest Legal Developments on Transgender Student Issues

Gloucester County School Board v. G.G., 136 S. Ct. 2442 (U.S. 2016): Supreme Court Stays Fourth Circuit Order allowing transgender student to use boys’ restroom; State of Texas, et al. v. United States of Amercia, et al.,...more

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

Led by Texas, Several States Challenge Section 1557’s Gender Identity Protections in HHS’s Final Rule

On August 23, 2016, several States and three faith-based healthcare providers filed suit in the Northern District of Texas against the U.S. Department of Health and Human Services (“HHS”) over HHS’s interpretation of “sex” in...more

Half-Baked: Phillips Exeter, Sexual Assault, And A Recipe For Disaster

Considered one of the country’s most elite prep schools, Phillips Exeter Academy has recently joined the queue of prestigious private schools who have been accused of having ignored, suppressed, or minimized claims of sexual...more

United States District Court Enjoins Enforcement of Dear Colleague Letter on Transgender Students; Decision May Impact OCR...

On August 21, 2016, in a case entitled State of Texas et al. v. United States of America et al ., Judge Reed O’Connor of the United States District Court for the Northern District of Texas issued a nationwide preliminary...more

Federal Judge Blocks Obama Administration’s Transgender Bathroom Policy

A federal judge in Texas has dealt a serious blow to the Obama administration’s transgender school bathroom directive, barring the federal order which required schools to allow transgender students to use bathrooms, locker...more

Gavin Grimm v. Glouchester County School Board—Is the Supreme Court Finally Weighing in on the Transgender Bathroom Debate?

On August 3, 2016, the United States Supreme Court granted a stay to a Virginia school Board pending Supreme Court review of the case. In an action reminiscence of the same sex marriage controversy, the Supreme Court's...more

U.S. Supreme Court Blocks Order Allowing Transgender Restroom Choice

On August 3, 2016, amidst national debate over transgender rights, the United States Supreme Court temporarily blocked a court order that had allowed a transgender student to use the boys’ restrooms in a Virginia high school....more

Second Circuit Revives Title IX Reverse Discrimination Suit against Columbia University

In a significant recent decision, the Second Circuit made it easier for college students punished for sexual assault to bring reverse discrimination claims under Title IX. In Doe v. Columbia University, 2016 WL 4056034 (July...more

United States Supreme Court Issues Temporary Stay of Fourth Circuit's Transgender Restroom Decision

This Client Alert is in follow-up to our April 22, 2016 and May 13, 2016 Legal Updates addressing transgender student issues under Title IX of the Education Amendments Act of 1972 (“Title IX”). On August 3, 2016 the...more

A look at the legal issues in the transgender bathrooms debate

On Wednesday, the U.S. Supreme Court signaled that it may take up the question of whether and to what extent educational institutions are required to permit transgender individuals to use the bathroom that corresponds to...more

Sexual Misconduct Investigations in Higher Ed Facing Scrutiny by Courts for Gender Bias

The U.S. Court of Appeals for the Second Circuit, in Doe v. Columbia University, recently handed down a significant decision regarding potential claims of parties accused of sexual assault or other offenses under university...more

Transgender Student Files First Discrimination Suit Against Wisconsin School District

Last Tuesday, the Kenosha Unified School District (“KUSD” or “the District) became the first Wisconsin school district to be sued under federal law by a transgender student alleging the District and its representatives have...more

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