It is no secret that institutions of higher education (IHEs) are currently busy addressing their policies to reflect recent major changes in the law (read: Title IX!), but it is also important to give some time and attention...more
On May 7, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) again issued guidance in the form of a Dear Colleague Letter (DCL) to educational institutions discussing how Title VI of the Civil Rights Act...more
Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months. Many have had to deal with student, parent, faculty, donor, and public criticisms...more
In a Dear Colleague Letter issued on November 7, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a letter reminding educational institutions of their obligation to address and prevent discrimination...more
The Department of Education recently reminded educational institutions receiving federal funding of their responsibility to foster inclusive campuses in light of the nationwide rise in hate crimes and threats to Jewish,...more
On June 29, the U.S. Supreme Court issued the decision in Students for Fair Admissions vs. President and Fellows of Harvard College, which ruled that an applicant’s race, by itself, cannot be considered as part of who should...more
Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision severely limiting race-conscious admissions in education, according to the latest guidance from...more
As it promised in June, the Biden Administration published much-anticipated federal guidance on higher education admissions on Aug. 14, 2023. The U.S. Department of Education's Office for Civil Rights (ED) and U.S. Department...more
On August 14, 2023, the Department of Education's Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division (together, the Departments) jointly released two resources to help higher education...more
A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement...more
Earlier this summer, the U.S. District Court for the District of Massachusetts entered a decision vacating the provision in the new Title IX regulations that prohibited decision-makers from considering statements not subject...more
Please join the Ohio Five, in conjunction with Kenyon College and Bricker & Eckler, for a drive-in Clery and Title IX training. Participants will have the opportunity to obtain their annual Clery Act training requirements,...more
[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more
College can be a time of freedom and exploration for young people. However, there is also a long-ignored culture of sexual discrimination and harassment that affects many campuses around the country — and, unfortunately,...more
On May 6, 2020, the United States Department of Education issued its long-awaited Final Regulations (the “Regulations”) that focus on Title IX protections for victims of sexual misconduct. The new regulations impose a number...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
After a lengthy notice and comment process and much anticipation, new Title IX regulations were issued by the U.S. Department of Education on May 6, 2020. The regulations comprise approximately 25 pages, and the preamble to...more
While COVID-19 has forced the closure of schools across the country, the United States Department of Education (“ED”) has issued much-anticipated rule that will impose significant new obligations for schools - in particular,...more
The United States Department of Education released its new proposed Title IX regulations addressing sexual harassment (including sexual assault) today. ...more
Looks like the Department of Education has been busy again this month at the paper shredder. As part of the current administration’s ongoing efforts to eradicate Obama-era guidance that it deems “unnecessary, outdated,...more
Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more
On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more
As we suggested in our February 2017 blog post, the future of Title IX application in our institutions is in flux. The Department of Education Office for Civil Rights rescinded the Obama era 2011 Dear Colleague Letter and...more
On September 22, 2017, the U.S. Department of Education (DOE) rescinded its April 4, 2011 Dear Colleague Letter regarding sexual assault and its April 29, 2014 Questions and Answers on Title IX and Sexual Violence.1 This is...more
Announcing several significant policy changes in the handling of sexual misconduct on college campuses, the U.S. Department of Education has published a new Q&A that replaces guidance issued by the Obama administration. ...more