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 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 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
Institutions of higher education (IHEs) are undertaking herculean measures to ensure students have the opportunity to continue their academic progress during this extraordinary time....more
On March 11, the U.S. Court of Appeals for the Sixth Circuit issued a decision highlighting the difficult situation institutions of higher education face in sexual misconduct matters when balancing a complainant’s interest in...more
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
Many private colleges and universities have faculty handbooks and/or collective bargaining agreements that, among other things, establish internal disciplinary procedures and make promises to faculty about academic freedom....more
7/11/2018
/ Academic Misconduct ,
Breach of Contract ,
Contract Terms ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Online Commentary ,
Professional Disciplinary Actions ,
Protected Activity ,
State and Local Government ,
Universities ,
WI Supreme Court ,
Work Suspensions
A recent decision by Massachusetts’s highest court unanimously recognized that, under some circumstances, colleges and universities have a duty to protect students from suicide that, if violated, could result in tort...more
In This Issue:
- Unionization of Students
..The New Meaning of “Student Union”
..Overview of Labor Laws and Organized Labor
..Unionization of Graduate Students
..The Northwestern University Case
...more
Pepper-Freeh Group Higher Education Webinar Series
Join attorneys from the Education Counseling, Litigation and Investigation Services of Pepper Hamilton LLP and Freeh Group International Solutions, LLC for a review of...more
On March 7, 2013, President Obama signed into law the reauthorized Violence Against Women Act (VAWA) of 2013. The bill includes several important amendments to the Clery Act, which will require institutions of higher...more