Title IX

News & Analysis as of

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

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

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