A school district infringed on an assistant football coach’s rights under the Free Exercise Clause of the First Amendment when it suspended him for continuing to publicly pray after football games in violation of its policy,...more
In conjunction with the 50th anniversary of Title IX, the U.S. Department of Education has released its proposed amendments to the regulations for Title IX of the Education Amendments of 1972 for public comment....more
The 50th anniversary of Title IX provides elementary, secondary, and postsecondary institutions an opportunity to reflect on the impact of and future developments stemming from the law....more
To start the process of updating the regulations implementing Section 504 of the Rehabilitation Act of 1973, a seminal disability civil rights law that provides protections to elementary, secondary, and postsecondary...more
The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more
5/3/2022
/ Affordable Care Act ,
Disability Discrimination ,
Emotional Distress Damages ,
Health Care Providers ,
Medicaid ,
Medicare ,
Punitive Damages ,
Reasonable Accommodation ,
Rehabilitation Act ,
SCOTUS ,
Spending Clause ,
Title IX ,
Title VI
The U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it has sent its draft proposed amendments to Title IX of the Education Amendments of 1972 to the Office of Information and Regulatory Affairs...more
The U.S. Department of Education’s Office for Civil Rights (OCR) has published a fact sheet that addresses key issues intersex students face in schools and provides recommendations on how schools can support intersex...more
The U.S. Department of Education’s Office for Civil Rights has announced that it will immediately cease enforcement of the Title IX regulatory provision prohibiting decision-makers’ reliance on statements not subject to...more
Hundreds of colleges and universities across the country, both public and private, have issued policies requiring students be fully vaccinated against COVID-19 prior to the start of the fall semester. In the first court case...more
The U.S. Department of Education’s Office for Civil Rights (OCR) has released its Questions and Answers on the Title IX Regulations on Sexual Harassment (July 2021) and Appendix with sample policies (Q & A), which represents...more
The U.S. Department of Education marked the 49th anniversary of the Title IX Education Amendments of 1972 by issuing a Dear Educator letter. The letter highlights the importance of Title IX and references several Title IX...more
It will fully enforce Title IX of the Education Amendments of 1972 to prohibit discrimination based on sexual orientation and gender identity in education programs and activities that receive federal financial assistance from...more
To assist collegiate sports administrators in assessing emerging Title IX issues, we are pleased to provide the Spring/Summer 2021 installment of the Title IX Alert. This issue discusses topics such as amended regulations,...more
6/15/2021
/ Bullying ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Executive Orders ,
Joe Biden ,
OCR ,
Regulatory Reform ,
Sexual Harassment ,
Sexual Orientation ,
Student Athletes ,
Summary Judgment ,
Title IX
The U.S. Department of Education’s Office for Civil Rights (OCR) has announced it will conduct a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, starting with a public...more
The National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and universities from coverage under the National Labor Relations Act (NLRA)...more
The Department of Education has been directed to review all policies on sex and gender discrimination (including sexual violence) in schools under an executive order issued by the Biden administration on March 8, 2021. ...more
3/10/2021
/ Attorney General ,
Biden Administration ,
Department of Education ,
Domestic Policy ,
Executive Orders ,
Foreign Policy ,
Gender Identity ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title IX
The Biden administration’s Executive Order 13988, “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” expands prohibited forms of sex discrimination under Title IX of the Education...more
The New York State Department of Health (DOH) has released its “NY Forward Interim Guidance for Higher Education” for in-person attendance. Similar to other industry guidance issued by the DOH, the Higher Education guidance...more
Final regulations from the U.S. Department of Education (DOE) implementing Title IX of the Education Amendments Act of 1972 with respect to sexual harassment will go into effect on August 14, 2020. The final regulations were...more
As of early this week, nearly 70 class actions have been filed by students against colleges and universities challenging their institutions’ responses to the COVID-19 crisis. The students argue they are entitled to refunds...more
The U.S. Department of Education (DOE) has released its long-awaited, final amendments to Title IX regulations on how colleges and universities must handle allegations of sexual misconduct. The new regulatory requirements go...more
Students at the country’s colleges and universities are challenging their institutions’ responses to the COVID-19 crisis in putative class-action lawsuits seeking reimbursement for tuition, room and board, and more following...more
State attorneys general, lawmakers, and higher education industry groups have been urging the Department of Education to delay issuing the final regulations on how colleges and universities must handle allegations of sexual...more
The threat from the coronavirus (COVID-19) outbreak means employers that are institutes of higher education (IHEs) are confronting some complex questions. To assist employers, this Special Report discusses some issues that...more
The U.S. Department of Education (DOE) has issued guidance to assist educators and educational institutions to ensure that students with disabilities continue to receive services mandated by the Individuals with Disabilities...more