News & Analysis as of

Title IX

Canary in a Coal Mine: Analyzing Title IX, OCR, and On-Campus Sexual Misconduct Adjudications in Plummer v. University of Houston

It is unusual for a dissenting opinion to be more noteworthy than the majority’s holding, yet that is the case in Plummer v. University of Houston, a decision recently handed down by the United States Court of Appeals for the...more

Federal Court Allows Title IX Claim to Proceed Based Upon Allegations That Student Harassed By Peers for Failure to Conform to...

by Tucker Arensberg, P.C. on

Russell Bittendender, et ux. v. Bangor Area School District, Case No. 15-6465 (E.D. Pa. 2017). The United States District Court for the Eastern District of Pennsylvania refused to dismiss a complaint alleging that a school...more

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

Task Force Finds More Than 150 Antiquated Federal Regulations – And Counting

by Barley Snyder on

A federal task force already has identified more than 150 education regulations that could be changed or repealed – and it’s not done yet. The Department of Education has issued a request for input on regulations the...more

OCR, DOJ Heads Clarify Plans to “Reorient” Approach

by Barley Snyder on

With all of the issues the Trump administration is attending to as the nation’s transition continues, smaller -- but still-important -- issues aren’t getting much attention. But in late June, high-ranking federal officials...more

Title IX Update - July 2017

by Nexsen Pruet, PLLC on

Office for Civil Rights Indicates Changes to Investigation Protocols - The Department of Education’s Office for Civil Rights (OCR) has reportedly released an internal memorandum indicating a change to its investigation...more

Rebel Without A Stall: Title IX, Transgender Student Rights and Whitaker v. Kenosha

When the Trump Administration short-circuited the United States Supreme Court’s review of Gloucester v. G.G., in which the United States Court of Appeals for the Fourth Circuit had held that Title IX’s protections extend to...more

Happy 45th Birthday, Title IX: You’ve Changed A Bit Over The Years

A law was born. On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be...more

Transgender Equality: Coming to a School Bathroom or Locker Room Near You!

by Clark Hill PLC on

On February 22, 2017, the U.S. Departments of Education and Justice issued a letter withdrawing the statements of policy and guidance reflected in the May 13, 2016 Dear Colleague Letter on OCR's enforcement of Title IX with...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

by Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Office of Civil Rights Field Instructions Signal Shift in Approach

by Barley Snyder on

It was revealed last week that Acting Assistant Secretary for the Office of Civil Rights (OCR), Candice E. Jackson, issued instructions to OCR regional directors on June 6, 2017, addressing the processing of complaints in...more

Younger Abstention in Title IX Litigation: A Tale of Two Outcomes

by Saul Ewing LLP on

The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at...more

Investigating Transgender Student Discrimination Under New Education Department Directives

by Jackson Lewis P.C. on

Department of Education regional directors have been given new instructions on sex discrimination protections for transgender students under Title IX of the Education Act of 1972. Two updated, internal Office of Civil Rights...more

Six years after Penn State, has college athletics really reformed its crisis response?

by Thompson Coburn LLP on

In 2011, the world of higher education — and the entire nation — was rocked by the shocking revelation of the criminal actions of longtime Penn State defensive coordinator Jerry Sandusky. Equally shocking was the reaction...more

Office for Civil Rights Reduces Scope of Investigations to More 'Swiftly' and 'Efficiently' Resolve Complaints

by Pepper Hamilton LLP on

The Chronicle of Higher Education recently reported that, on June 8, 2017, the Department of Education’s Office for Civil Rights (OCR) distributed an internal memo containing new guidance that will provide regional offices...more

OCR Changes Investigation Protocols for Civil Rights Complaints

by Franczek Radelet P.C. on

Candice Jackson, the U.S. Department of Education’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, recently provided a “new internal guidance” memorandum to staff that significantly changes the Office...more

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

by FordHarrison on

On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more

Transgender High School Student Prevails in Bathroom Access Case Before Federal Appellate Court Over Illinois

by Franczek Radelet P.C. on

In an opinion issued last week, the Seventh Circuit Court of Appeals decided in favor of a transgender student who challenged his high school’s decision to limit his access to boys’ communal bathrooms. ...more

Seventh Circuit Affirms Likelihood of Success that School’s Bathroom Policy Violates Title IX and Equal Protection Clause

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit affirmed that a transgender student demonstrated a likelihood of success on claims that his school district’s decision to prohibit him from using the boys’ restroom violated both Title...more

Check Please: OCR’s Future in the Wake of Proposed Budget Cuts

Published reports indicate that President Trump’s proposed budget includes what is approximately a fifty percent reduction in the prior fiscal year’s funding for the United States Department of Education’s Office for Civil...more

Seventh Circuit Title IX Ruling May Impact Transgender Employee Protections

The battles over transgender persons’ civil rights continue nationwide, especially when the controversy involves restroom access. Last week, the Seventh Circuit Court of Appeals concluded that a Wisconsin school district...more

Title IX Update - June 2017

by Nexsen Pruet, PLLC on

Court Affirmed Relief for Transgender Student's Access to School Bathrooms in Whitaker v. Kenosha Unified School District No. 1 Board of Education, et al....more

School District Can’t Stop Transgender Student from Using Restroom of Choice - Federal Appeals Court Upholds Temporary Injunction...

by Best Best & Krieger LLP on

For years, California law has required school districts to allow a student to use restroom facilities consistent with his or her gender identity no matter what gender is listed on the pupil’s records. However, a case decided...more

New Federal Court Interpretation for Transgender Protections

by Barley Snyder on

In a decision that could have significant implications in the ongoing tug-of-war in the scope of protection afforded transgender individuals under federal law, a holding this week from a federal appeals court applied a novel...more

Seventh Circuit Hands Down Major Ruling In Transgender Student Case

by Jackson Lewis P.C. on

On May 30, 2017, the Seventh Circuit Court of Appeals ruled that a transgender student has the right to use the bathroom that aligns with his gender identity in Whitaker v. Kenosha Unified School District No. 1 Board of...more

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