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Confidentiality ≠ Privacy, and What is Privilege?

As recipients of federal funding (i.e., schools, colleges) across the country prepare to implement another iteration of Title IX regulations in 2023, they should thoughtfully consider how their institution will designate...more

Hurry Up and Wait: What Can You Do While Awaiting the Title IX Final Rule?

On Title IX’s 50th Anniversary (June 23, 2022), the U.S. Department of Education released proposed changes to the regulations (“proposed rule”) that govern Title IX compliance. The proposed rule substantially alters the...more

A New Approach to Title IX Athletic Compliance?

Historically, colleges and universities have complied with Title IX in athletic programs by using the “Three-Part Test,” which has been heavily interpreted by the Department of Education’s Office for Civil Rights and case...more

Caselaw Reminds Administrators of the Price of Failing to Follow Institutional Title IX Policy

“Follow your policy” is one of the first pieces of advice provided to practitioners during Title IX training and is akin to statements like “brush your teeth” or “wash your hands” – reminders that seem elementary but are both...more

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