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Title IX Alert Spring 2021

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

Department Of Education: Moving To Amend 2020 Title IX Regulations On Sexual Harassment

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

Labor Board Withdraws Proposed Bar To Student Workers Unionizing At Private Colleges, Universities

The National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and universities from coverage under the National Labor Relations Act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

Biden Administration To Review Title IX Policies And Regulations And Establish Gender Policy Council

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

Biden’s EO Expands Title IX To Prohibit LGBTQ Discrimination

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

New York Health Department Releases Reopening Guidance For Higher Education Institutions

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

Department Of Education Amended Title IX Regulations

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

Universities Sued For Closing Campuses Amidst COVID-19 Crisis-UPDATE

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

Department Of Education Releases Long-Awaited Final Rule Amending Title IX Regulations

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

Universities Sued For Closing Campuses Amidst COVID-19 Crisis

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

Attorneys General, Lawmakers, Higher Education Groups Urge Delaying Proposed Title IX Regulations

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

Coronavirus (COVID-19) FAQs For Higher Education Employers

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

Department Of Education Issues Guidance On Students With Disabilities, Privacy During COVID-19 Pandemic

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

Special Education Considerations For COVID-19 Interruptions

In response to the threat to safety and health from the Coronavirus (COVID-19) outbreak, some school districts across the country have closed and others are contemplating closing or moving to a home-based program. Such...more

University’s Handling Of Students’ Pre-Assault Complaints Of Sexual Misconduct Open To Title IX Claim

Three female former students who allegedly were sexually assaulted while undergraduates may sue their school for a policy of indifference to reports of sexual misconduct under Title IX of the Education Amendments of 1972, the...more

House Seeks To Block Proposed Amendments To Title IX Regulations

Four congresspersons have introduced legislation in the House of Representatives aiming to block the Department of Education’s proposed amendments to the Title IX regulations on how colleges and universities must handle...more

NLRB Proposes Rule To Exclude Student Workers At Private Colleges, Universities From NLRA Coverage

The National Labor Relations Board (NLRB) has issued a Notice of Proposed Rulemaking to establish that “students who perform any services for compensation, including, but not limited to, teaching or research, at a private...more

Circuit Split On Student’s Due Process Right To Cross-Examination In Title IX Matters

Constitutional due process does not mean a student accused of assault has the right to directly cross-examine his accuser in adjudications under Title IX of the Education Amendments of 1972 at state institutions of higher...more

Labor Board To Revisit Right Of Graduate Students To Unionize

The National Labor Relations Board (NLRB) has announced that it will propose rules on the standard for determining whether students who perform services at private colleges or universities in connection with their studies are...more

State Legislators React To Proposed Federal Title IX Regulations With State Law Proposals

While college, universities and educational professionals await the Department of Education’s (DOE) proposed new Title IX regulations, which will dictate a revised process by which allegations of sexual misconduct must be...more

Remembering Dr. Bernice Sandler, Champion Of Title IX

Dr. Bernice Sandler, a prominent activist for gender equality, passed away on January 5, 2019, at the age of 90. Dr. Sandler is well known for her efforts to increase gender equality in education. She was also a vital figure...more

Department Of Education Unveils Proposed Title IX Regulations

On Friday, November 16, 2018, the Department of Education (DOE) released proposed Title IX regulations dictating the process by which colleges and universities must handle allegations of sexual misconduct. Institutions of...more

Department Of Education Has Drafted Long-Awaited Title IX Regulations On Sexual Misconduct

The Department of Education (DOE) reportedly has drafted proposed Title IX regulations on sexual misconduct on college and university campuses. Although the Department has yet to officially publish the proposed regulations,...more

Grad-Student Unions One Year After Columbia University: More To Come Or A Thing Of The Past?

In August 2016, the National Labor Relations Board reversed longstanding precedent and ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor...more

Affirmative Action In College Admissions To Become A Justice Department Priority?

The Trump Administration is preparing to focus on affirmative action in college admissions, according to The New York Times, which reportedly obtained an internal announcement to the Department of Justice (DOJ) Civil Rights...more

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