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Appeals Court Holds That Title IX Extends To Claims Of Discrimination Based On Perceived Sexual Orientation

​The U.S. Court of Appeals for the Ninth Circuit recently held that harassment based on perceived sexual orientation constitutes sex discrimination under Title IX, extending the holding from the U.S. Supreme Court's Title VII...more

Name, Image, Likeness: A Recap and What We’re Watching

Student-athletes wasted no time following the NCAA’s rule change in July 2021 permitting compensation for name, image, and likeness (“NIL”) in landing deals of all types and sizes. Now, sixteen months later, questions remain...more

The U.S. Supreme Court Holds That Emotional Damages Are Not Available Under Spending Clause Statutes, Including Title IX and Title...

On April 28, 2022, the U.S. Supreme Court held in Cummings v Premier Rehab Keller, P.L.L.C. that emotional distress damages are not recoverable in a private action to enforce several civil rights statutes. While Cummings...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 That LGBTQ+ Students Are Protected by Title IX, Providing Further Guidance to K-12 Schools, Colleges, and...

On June 16, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) issued a Notice of Interpretation explaining that it will enforce Title IX's prohibition of discrimination on the basis...more

Mandating COVID-19 Vaccinations in Independent K-12 Schools: Protecting Students’ Well-Being and Minimizing Legal Risks

On May 10, 2021, the Food and Drug Administration (FDA) approved the Pfizer-BioNTech vaccine for children ages 12-15, expanding the Emergency Use Authorization (EUA) originally issued on December 11, 2020 for individuals ages...more

Pennsylvania House of Representatives Passes COVID-19 Liability Protections for Higher Education Institutions and K-12 Schools

In a second attempt to pass a COVID-19 liability shield, the Pennsylvania House of Representatives passed House Bill 605 on April 6, 2021. If signed into law, H.B. 605 would protect (among others) colleges, universities, and...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

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