On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an...more
In a fractured decision, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit reinstated a former University of Arizona student’s Title IX lawsuit against the university. Vacating a divided three-judge panel’s...more
On April 28, the U.S. Supreme Court held in Cummings v. Premier Rehab Keller, P.L.L.C., No. 20-219 (Roberts, C.J.) that damages for emotional distress are not available for statutes adopted under the spending clause. Although...more
On March 31, the Third Circuit issued a ruling in Doe v. Princeton University, reversing a district court’s dismissal of Title IX and state law claims against Princeton University by a male student who was accused of...more
On January 25, the Ninth Circuit Court of Appeals affirmed a district court order in Brown v. State of Arizona et al., granting the University of Arizona summary judgment to dismiss Title IX claims asserted against the...more
On January 11, the U.S. Court of Appeals for the Third Circuit issued a precedential decision in Hall v. Millersville University, holding for the first time that colleges and universities may face damages liability under...more
On December 11, 2020, the en banc U.S. Court of Appeals for the Sixth Circuit vacated a panel decision holding that plaintiff Rebecca Foster was entitled to a trial on her claim that the University of Michigan was...more
In a precedential decision issued on May 29, the U.S. Court of Appeals for the Third Circuit reversed the lower court’s dismissal of a complaint filed against a private university alleging discrimination under Title IX and...more
6/2/2020
/ Breach of Contract ,
Cross Examination ,
Dear Colleague Letter ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Policies and Procedures ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Violence Policies ,
Title IX ,
Universities
After 17 months and more than 120,000 public comments, the Department has released its new regulations implementing Title IX of the Education Amendments of 1972. The regulations represent a seismic shift in process and...more
5/20/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
New Regulations ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
On May 6, the U.S. Department of Education (Department) made public its long-anticipated regulations under Title IX of the Education Amendments Act of 1972, which prohibits sex discrimination in most education programs and...more
5/11/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Title IX ,
Universities
On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more
12/17/2019
/ Complaint Procedures ,
Educational Institutions ,
Evidence ,
Gender-Based Violence ,
Incident Response Plans ,
Rape ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more
12/16/2019
/ Appeals ,
Colleges ,
Damages ,
Educational Institutions ,
Liability ,
Motion to Dismiss ,
Sexual Assault ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
The Chronicle of Higher Education recently reported that, on June 8, 2017, the Department of Education’s Office for Civil Rights (OCR) distributed an internal memo containing new guidance that will provide regional offices...more
On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more
3/3/2017
/ Dear Colleague Letter ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
OCR ,
School Restrooms ,
Secretary of Education ,
Sexual Assault ,
Sexual Orientation Discrimination ,
Title IX ,
Transgender ,
Trump Administration