Title IX

News & Analysis as of

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

Federal Court Dismisses Transgender Student’s Title IX Claims in Restroom Lawsuit

Last week, U.S. District Judge Robert G. Doumar ruled that a school board’s decision to prohibit a transgender student from using the male restroom does not constitute unlawful discrimination under Title IX of the Education...more

Accused Student’s Title IX Claim Gets Rejected

A recent Title IX lawsuit by a University of South Florida (“USF”) student was dismissed by a federal judge. The student, John Doe, accused USF of violating his rights under Title IX of the Education Amendments of 1972, 20...more

Caitlyn on campus: Title IX and the transgender community

On June 26, the U.S. Supreme Court decided that no state could limit or prohibit same-sex marriages in an opinion that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain...more

Equality Act of 2015 Seeks New Workplace Protections for Sexual Orientation and Gender Identity

Yesterday, companion bills were introduced into the House and Senate seeking the passage of the Equality Act of 2015, which would prohibit discrimination on the basis of sex, gender identity, and sexual orientation. The...more

Deliberate Indifference to Bullying Can Amount to Massive Liability – Lessons from the Pine Bush Settlement

$4.48 million. That’s how much the Pine Bush School District in central-New York just agreed to pay to settle a lawsuit brought by a group of current and former students who alleged that school administrators were...more

“Enough is Enough” Legislation Becomes Law: New York Education Law Article 129-B Establishes New Requirements for New York State...

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation that will, once again, change the way public and private colleges and universities in New York (“higher education institutions”) must respond to...more

Penn State Accused of Ignoring Fraternity Sexual Assault Claims

Earlier this week, a former Penn State student, James Vivenzio, filed a lawsuit accusing the institution of ignoring his complaints about sexual assault, hazing and drug use in violation of Title IX of the Education...more

Accused Student Sues Columbia University Over Mattress Case

It looks like the “mattress case” will not be going to bed anytime soon. On Thursday, April 23, 2015, Paul Nungesser, the accused student at the center of the internationally renowned “mattress case” (“Nungesser”)...more

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

Two Recent Decisions Provide Guidance on How School Districts Should Respond to Allegations of Sexual Assault

Two recent decisions from our neighbors in Indiana and Michigan provide guidance on what courts may expect from school districts responding to allegations of sexual assault. Pursuant to Title IX of the Education Amendments of...more

Prepare for the July 1 SaVE Act Deadline

By July 1, 2015, all higher education institutions must be in full compliance with the Campus Sexual Violence Elimination (SaVE) Act amendments to the Clery Act, per the final regulations issued last October. See 34 C.F.R....more

Must Schools Protect Teachers from Bullying by Students Online?

A lawsuit filed by a California teacher against the school district where she works puts a new spin on an old problem. As the National School Boards Association reported, the suit, filed last week by Amy Sulkis in the Los...more

Campus SaVE Regulations Take Effect July 1, 2015: Are You Ready?

The Violence Against Women Reauthorization Act of 2013 (“VAWA”) amended the Clery Act by imposing new obligations on institutions of higher education under VAWA’s Campus Sexual Violence Act (“Campus SaVE”) provision. The...more

Seven Things to Know About the Campus Accountability and Safety Act

In recent years, the Obama Administration and the Department of Education have aggressively increased their focus on how colleges and universities address sexual violence and harassment. ...more

OCR Issues Title IX Coordinator Resource Guide

On April 24, the Department of Education’s Office for Civil Rights (“OCR”) issued new materials on Title IX. The materials include a Dear Colleague Letter to educational institutions, a letter to Title IX Coordinators and a...more

New Department of Education guidance for Title IX coordinators deserves a look

As we’ve previously noted here at REGucation, the U.S. Department of Education’s Office of Civil Rights (OCR) has been busy in recent months issuing a wide range of guidance through both administrative action and formal...more

Office for Civil Rights Issues New Guidance for Title IX Coordinators

The children's rhyme regarding April showers bringing May flowers should be revised to include reference to April also bringing guidance from the U.S. Department of Education's Office for Civil Rights (OCR). For the third...more

OCR Issues New Title IX Guidance to Educational Institutions and Title IX Coordinators

On Friday, April 24, the Department of Education's Office for Civil Rights (OCR) issued three important communications that reemphasize the importance under Title IX of designating, training and supporting Title IX...more

Office for Civil Rights Issues New Guidance on Title IX

On April 24, 2015, the United Stated Department of Education Office for Civil Rights (“OCR”) issued a Dear Colleague Letter (“DCL”) regarding Title IX Coordinators and a new Title IX Resource Guide....more

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