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The U.S. Department of Education Publishes NPRM Regarding Transgender Student-Athletes; Proposes Framework for Analysis of...

On April 6, 2023, the United States Department of Education (“ED”) issued a Notice of Proposed Rulemaking (the “NPRM”) related to Title IX of the Education Amendments of 1972 (“Title IX”). The NPRM, entitled...more

OCR Releases Questions and Answers on the Title IX Regulations on Sexual Harassment, Providing Insight on How the Department...

On July 20, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) issued its Questions and Answers on the Title IX Regulations on Sexual Harassment (“Q&A”), which clarifies OCR’s...more

OCR Announces Plan to Conduct Comprehensive Review of Title IX Regulations in Anticipation of Publishing a Notice of Proposed...

On April 6, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) provided a roadmap for carrying out President Biden’s recent Executive Order on Guaranteeing an Educational Environment...more

New Guidance From the Department of Health and Human Services on Title IX in Academic Medical Centers

On September 25, 2020, the Office for Civil Rights at the U.S. Department of Health and Human Services (“HHS”) published a document entitled, “Effective Practices for Preventing Sexual Harassment.” ...more

The Department of Education Opens an Investigation After University Acknowledges Embedded Racism

Earlier this month, Princeton’s President sent a letter to the Princeton community to outline the University’s next steps to “address systemic racism at Princeton and beyond.” President Eisgruber showed his support for...more

Education Department Issues Final Rule Focusing on Free Speech on Campus and Equal Treatment of Faith-Based Institutions

On September 9, 2020, after receiving more than 17,000 public comments to its notice of proposed rulemaking (the “NPRM”), the United States Department of Education (the “Department”) published the Religious Liberty and Free...more

The Department of Education Rescinds Prior Title IX Guidance Documents and Makes Key Changes to Title IX Case Processing Manual

Late last week, with no apparent public discussion, the Department of Education (the “Department”) withdrew a number of Office for Civil Rights (“OCR”) guidance documents relating to Title IX in the wake of the new Title IX...more

Pennsylvania Department of Education Releases “Model Policy” and New Requirements Concerning Sexual Violence/Harassment Policies

On June 28, 2019, Governor Wolf signed into law Act 16 of 2019, which requires institutions of higher education in Pennsylvania to meet two new categories of requirements related to sexual misconduct in their programs and...more

Proposed DOE Rule Targets Free Speech on Campus and Equal Treatment of Faith-Based Institutions

On January 16, 2020, the Department of Education (the “Department”) issued a notice of proposed rulemaking (“NPRM”) with the stated aim of implementing at colleges and universities certain Trump administration initiatives...more

Strategies for Dealing with the Title IV Ineligibility of CA-Resident Students Under the Retroactive Distance Education Rule

On Monday, July 22, 2019, the Federal Student Aid Office of the U.S. Department of Education (ED) announced that the Distance Education Rules that were originally scheduled to go into effect on July 1, 2018, and were then...more

Higher Education Highlights Summer 2019

Esports - Electronic sports (esports), also known as competitive video and computer gaming, continues to boom in popularity. Esports is a spectator-driven phenomenon: some reports estimate the global esports audience will...more

Department of Education New Proposed Title IX Regulations

The United States Department of Education released its new proposed Title IX regulations addressing sexual harassment (including sexual assault) today. ...more

College and University Diversity Policies Have Come Under Attack

In recent months, challenges to schools’ programs and policies designed to foster diversity have become increasingly common. Anti-affirmative action advocates have stepped up their attacks on race- and gender-conscious...more

Montana Supreme Court Struggles with the Intersection of FERPA and State Open Records Laws

While investigating sexual misconduct at the University of Montana’s campus, bestselling author Jon Krakauer filed a request with the office of the Commissioner of Higher Education of the State of Montana to inspect specific...more

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