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Universities Rape

Sands Anderson PC

WDVA Holds that Victim and Accused are not “Similarly Situated” in a Title IX Equal Protection Claim

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In a recent education law decision, the Honorable Norman K. Moon of the Western District of Virginia dismissed the equal protection claims of a plaintiff, the accused, who alleged that under Title IX, he had not been afforded...more

TNG Consulting

More Title IX Learning from the Field: Decision-Making Deep in Deliberations

TNG Consulting on

Years ago, I took heat from activists who thought that TNG’s replacement of the terms “rape” and “sexual assault” with policy-based alternatives in our model policies was minimizing of the severity of the behaviors. Rape is...more

TNG Consulting

Sexual Harassment Policy Drafting Under Title IX: Avoid the Word “Forcible” in Your Sexual Assault Definition

TNG Consulting on

Higher education institutions and schools have spent the summer of 2020 revisiting their sexual harassment and misconduct policies to ensure compliance with the May 2020 Title IX regulations. These efforts have required...more

TNG Consulting

Clery Act Campus Crime Reporting Handbook Rescinded – What Does it Mean?

TNG Consulting on

Last week the U.S. Department of Education (ED) announced the rescission and replacement of the 2016 Clery Handbook with a new “Clery Act Appendix for the Federal Student Aid (FSA) Handbook.” ED determined that much of the...more

Tucker Arensberg, P.C.

What every school district must do to comply WITH THE NEW Title IX Regulations Addressing Sexual Harassment

Tucker Arensberg, P.C. on

On May 6, 2020, the United States Department of Education issued its long-awaited Final Regulations (the “Regulations”) that focus on Title IX protections for victims of sexual misconduct. The new regulations impose a number...more

Holland & Knight LLP

An Early Read on the New Title IX Regulations

Holland & Knight LLP on

After a lengthy notice and comment process and much anticipation, new Title IX regulations were issued by the U.S. Department of Education on May 6, 2020. The regulations comprise approximately 25 pages, and the preamble to...more

Franczek P.C.

Learn From These Three Confidentiality Mistakes Before Your Next Title IX Investigation

Franczek P.C. on

As an Office for Civil Rights (OCR) investigator, I was surprised by the number of times I saw the same issues again and again in Title IX sexual misconduct investigations. Nowhere was this more evident than with...more

Franczek P.C.

Could Your Campus Be Next to Face a Class Action Challenge to Title IX Outcomes?

Franczek P.C. on

A recent class-action lawsuit filed in Michigan, which seeks to overturn scores of Title IX decisions at Michigan State University, is the first of its kind. The case relies on a 2018 federal court ruling in Michigan that...more

Cohen Seglias Pallas Greenhall & Furman PC

Changes Ahead: Department of Education Proposes Revisions to Title IX Regulations

As expected, the U.S. Department of Education (DOE) recently released proposed Title IX regulations, specifically concerning sexual harassment, including sexual assault. ...more

Ward and Smith, P.A.

Public University Required To Disclose Sexual Assault Disciplinary Records

Ward and Smith, P.A. on

Recently the North Carolina Court of Appeals issued a controversial, but unanimous decision requiring the University of North Carolina at Chapel Hill ("UNC-CH") to release its students' sexual assault disciplinary records. ...more

FordHarrison

U.S. Department of Education Revises Guidance Concerning Campus Sexual Misconduct

FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

Hogan Lovells

Department of Education Rescinds Obama-era Title IX Guidance Document

Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

Hogan Lovells

Department of Education Rescinds Obama-Era Title IX Guidance Documents, Introduces New Q&A on Campus Sexual Misconduct

Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

Akin Gump Strauss Hauer & Feld LLP

The Department of Education Seeks Public Input for New Title IX Policy

• The Department of Education (DOE) plans to gather public input—including input from educational institutions—on new Title IX policy, rejecting the prior administration’s issuance of policy by letter. • The DOE has not,...more

Franczek P.C.

Secretary DeVos’s September 7, 2017 Remarks on Title IX Enforcement Extol Equity and Transparency, Raise New Questions

Franczek P.C. on

Secretary of Education Betsy DeVos’s hotly anticipated remarks on the future of Title IX enforcement, given yesterday at George Mason University, announced the intention of the Department of Education to overhaul the way it...more

Littler

Department of Education Rethinking Campus Guidance on Sexual Assault

Littler on

Higher education institutions may soon be asked to reconsider how they comply with Title IX obligations when a student or employee files a sexual assault complaint. The U.S. Department of Education (DOE) recently indicated it...more

Franczek P.C.

Investigating Sexual Assaults at School: Changes on the Horizon

Franczek 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

Womble Bond Dickinson

The New Clery Handbook: What Your College or University Needs to Know Before Publishing Your October 2016 Annual Security Report...

Womble Bond Dickinson on

On June 23, the U.S. Department of Education, Office of Postsecondary Education, published the 2016 Edition of The Handbook for Campus Safety and Security Reporting, as required by the Clery Act (the “Handbook")...more

Mintz - ML Strategies

Africa Update - October 2015 #4

Mintz - ML Strategies on

Leading the News - Tanzania: On October 25th, voters in Tanzania went to the polls to vote for a candidate to replace outgoing President Jakaya Kikwete, who was unable to run for a third term under the country’s...more

Bond Schoeneck & King PLLC

MIT 2014 Community Attitudes on Sexual Assault

More than 3,800 undergraduate and graduate students responded, or about 35% of the institution’s total student population. (This 35% consisted of 46% of surveyed undergraduate females, 35% of undergraduate males, 37% of...more

Bond Schoeneck & King PLLC

School Districts: School Districts’ Response to Sexual Harassment and Sexual Violence Under Scrutiny – Is Your District In...

The media stories being published across the nation criticizing schools for their failure to respond to sexual harassment and sexual violence against students serve as a warning to other school districts to consider whether...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Adopts Unprecedented “Yes Means Yes” Law, Changing the Way Colleges Must Investigate Sexual Assault Allegations

On September 28, 2014, California Governor Jerry Brown announced that he had signed SB967, the so-called “Yes Means Yes” bill into law, effectively changing the definition of “consent” for sexual partners on California...more

Fisher Phillips

Title IX And Sexual Assault On Campus

Fisher Phillips on

In January this year, President Obama created the Task Force to Protect Students From Sexual Assault to provide colleges and universities with recommendations to prevent and respond to sexual assault and enhance efforts to...more

Pullman & Comley - School Law

Discipline as Defamation: Title IX, Disciplinary Panels, and The Risks of Righteousness in The Wake of Wells V. Xavier and Harris...

LR-college-campus_med_rgbTwo recent court rulings illustrate some of the perils facing university administrators when handling internal disciplinary complaints against students who have been alleged to have committed...more

Saul Ewing LLP

Higher Education Highlights - Summer 2014

Saul Ewing LLP on

In This Issue: - Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions - Supreme Court Asked If State Universities Are Exempt From...more

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