On Monday, March 3, Linda McMahon was confirmed by the Senate to serve as President Trump’s Secretary of the Department of Education by a vote of 51 to 45. Since President Trump’s inauguration, even without a confirmed...more
3/6/2025
/ Civil Rights Act ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Executive Orders ,
OCR ,
Presidential Appointments ,
Regulatory Reform ,
Title IX ,
Title VI ,
Trump Administration ,
Universities
Recent executive orders, federal guidance, and enforcement activity have made clear that the Trump Administration plans to interpret and apply Title IX in new and different ways. This includes an understanding of sex as an...more
2/27/2025
/ Department of Education ,
Discrimination ,
Educational Institutions ,
Enforcement Actions ,
Enforcement Priorities ,
Executive Orders ,
Gender Identity ,
New Guidance ,
Title IX ,
Transgender ,
Trump Administration
On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more
2/20/2025
/ Civil Rights Act ,
Colleges ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
First Amendment ,
OCR ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Trump Administration ,
Universities
On April 19, 2024, the US Department of Education issued the final version of its new and long-awaited Title IX regulations. The Final Rule’s release follows a notice-and-comment period that drew over 240,000 comments from...more
5/1/2024
/ Department of Education ,
Educational Institutions ,
Final Rules ,
Investigations ,
New Regulations ,
Notice and Comment ,
Notice of Proposed Rulemaking (NOPR) ,
Regulatory Agenda ,
Sexual Conduct ,
Title IX ,
Trump Administration
On August 14, 2023, the Department of Justice’s Civil Rights Division and the Department of Education’s Office of Civil Rights issued joint guidance directed at colleges and universities in the wake of the Supreme Court’s...more
8/16/2023
/ Affirmative Action ,
Biden Administration ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Universities
Earlier this month, the Department of Education released an “Athletics Notice of Proposed Rulemaking,” which would prohibit federal funding recipients from categorically excluding transgender students from the athletics teams...more
The last few years have been eventful and, at times, difficult ones for institutions of higher education. Institutions have been deeply impacted by issues ranging from the COVID-19 pandemic, to debates over free speech, to...more
2/3/2023
/ Antitrust Litigation ,
Artificial Intelligence ,
Biden Administration ,
College Admissions ,
College Athletes ,
Colleges ,
Competition ,
Coronavirus/COVID-19 ,
DACA ,
Department of Education ,
Diversity ,
Educational Institutions ,
Immigration ,
Loan Forgiveness ,
New Rules ,
OCR ,
Race Discrimination ,
Student Loans ,
Students ,
Title IX ,
Universities
The Department of Education marked the fiftieth anniversary of Title IX, the landmark civil rights law prohibiting sex discrimination in federally funded education programs and activities, by releasing its highly anticipated...more
6/29/2022
/ Biden Administration ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender Identity ,
Gender-Based Violence ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sexual Violence Policies ,
Students ,
Title IX