News & Analysis as of

Department of Education Office of Civil Rights Title IX

Whiteford

Client Alert: What’s to Become of Title IX?

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Since January, multiple fundamental developments have dramatically altered the Title IX landscape, signaling a seismic shift in its interpretation and enforcement. These developments include a rapidly escalating and public...more

Franczek P.C.

Week in Review – Major Announcement from the Department of Education, Continued Agency Changes, and More DEI Related Actions

Franczek P.C. on

Headlines this week largely focused on the Department of Education, and rightfully so. As announced on Tuesday, President Trump’s administration terminated over 1,300 Department of Education employees this week – nearly 50%...more

Fisher Phillips

So You’re Concerned About Losing Federal Funding: 3 Things Schools Should Do Right Now

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Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more

Franczek P.C.

Week in Review: Major Announcements from the Department of Education, Challenges to Anti-DEI Actions, Board Member Reinstatement...

Franczek P.C. on

We reported last week that the pace of executive orders coming from the new presidential administration had begun to slow. While, overall, the rate does still appear to be slowing, this week has been a notable one....more

Jenner & Block

Client Alert: Secretary of Education Linda McMahon is Confirmed. What’s Next?

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On Monday, March 3, Linda McMahon was confirmed by the Senate to serve as President Trump’s Secretary of the Department of Education by a vote of 51 to 45. Since President Trump’s inauguration, even without a confirmed...more

Bowditch & Dewey

U.S. Department of Education to Enforce 2020 Title IX Regulations

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On Friday, January 31, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) clarifying that, effective immediately, OCR will enforce Title IX in accordance with the 2020...more

Troutman Pepper Locke

DOE Rescinds Title IX Guidance on NIL Compensation

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Twenty-seven days after the U.S. Department of Education (DOE) of the outgoing Biden administration issued long-awaited Title IX guidance relating to name, image, and likeness (NIL) payments by schools and third-party...more

Jackson Lewis P.C.

Navigating the Title IX NIL Landscape Post-DOE Rescission of Biden Guidance

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The U.S. Department of Education’s Office for Civil Rights (OCR) has rescinded the name, image, and likeness (NIL) guidance under Title IX of the Education Amendments of 1972 issued in the final days of the Biden...more

Fisher Phillips

Feds Announce that NIL Payments Will Not Be Subject to Title IX Gender Equity Requirements – What Your School Needs to Know

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President Trump’s new administration just clarified that Title IX equity principles should not apply to Name, Image, and Likeness (NIL) payments, a decision that could have a significant impact on your college athletics...more

McGuireWoods LLP

Biden-Era Guidance on How Schools Analyze NIL Activity Under Title IX Rescinded

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On Feb. 12, 2025, the Trump administration rescinded the Department of Education Office for Civil Rights’ guidance on how it planned to analyze name, image and likeness (NIL) activity under Title IX of the Education...more

Miller Nash LLP

New Executive Order “Keeping Men Out of Women’s Sports” Creates Challenging Questions for Oregon School Districts

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On February 5, 2025, President Trump issued an Executive Order (EO) entitled Keeping Men Out of Women’s Sports. This EO expresses strong disapproval of policies allowing transgender girls and women to participate on girls’...more

Kaufman & Canoles

Parting Wisdom: Outgoing Departments of Education and Justice Weigh In on NIL

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In the wake of the pending House settlement, the Third Circuit’s opinion in Johnson v. NCAA, and the NLRB’s push for athlete employment and unionization, the spotlight has predictably shifted to colleges and universities who...more

TNG Consulting

A Practitioner-Focused Framework for Civil Rights Compliance 

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On January 14, 2025, the Department of Education Office for Civil Rights (OCR) announced a resolution agreement with the University of Washington following a Title VI complaint of alleged discrimination and harassment based...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Department of Education Confirms That It Will Enforce 2020 Title IX Rule

On January 31, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) issued a “Dear Colleague Letter” (DCL) announcing that it would enforce Title IX of the Education Amendments of 1972 under the provisions...more

Fox Rothschild LLP

U.S. Department of Education Confirms Enforcement of 2020 Title IX Rule

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Confirming an anticipated policy shift, the U.S. Department of Education’s Office for Civil Rights (OCR) announced on Jan. 31, 2025 that it will enforce Title IX under the 2020 Title IX Rule. The announcement came after a...more

Clark Hill PLC

Office For Civil Rights Vindicates Our Client; Finds Private University Violated His Title Ix Right To A Fair And Unbiased...

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The U.S. Department of Education Office for Civil Rights (OCR) recently published a Letter and Resolution Agreement vindicating a male student we represented in a complaint against Notre Dame. As set forth in the published...more

Husch Blackwell LLP

Title IX Litigation Tracker: 2024 Title IX Regulations Vacated by District Court

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The legal saga surrounding the 2024 Title IX Regulations reached a new peak earlier this month. On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky granted summary judgment in favor of the...more

McGuireWoods LLP

Department of Education OCR Issues Guidance on How Schools Analyze NIL Activity Under Title IX

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On Jan. 16, 2025, the Department of Education’s Office for Civil Rights (OCR) issued guidance regarding how it will analyze name, image and likeness (NIL) activity under Title IX of the Education Amendments of 1972. The...more

Husch Blackwell LLP

Federal District Court Vacates 2024 Title IX Regs

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On January 9, 2025, the U.S. District Court for the Eastern District of Kentucky vacated the Biden administration’s 2024 Title IX regulations. The vacatur applies nationwide, meaning the 2020 Title IX final rule and Title IX...more

Parker Poe Adams & Bernstein LLP

Title IX Gender Equity Mandate Applies to NIL Activity, Department of Education Confirms

In long-awaited guidance, the U.S. Department of Education’s Office for Civil Rights (OCR) officially confirmed what many Title IX practitioners and athletics administrators thought to be true: Title IX’s gender equity...more

BCLP

OCR Confirms Title IX Applies to Institutions’ Direct NIL and Revenue-Sharing

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On January 16, 2025, the Office of Civil Rights of the Department of Education – the agency responsible for enforcing Title IX at institutions of higher education – issued a Fact Sheet confirming that OCR will apply...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Education Warns NCAA Schools That NIL Deals May Implicate Title IX Obligations

The U.S. Department of Education warned National Collegiate Athletic Association (NCAA) schools that payments to athletes for the use of their names, images, and likenesses (NIL) implicate the gender equal opportunity...more

Shipman & Goodwin LLP

OCR Confirms That the 2024 Title IX Regulations Are Vacated

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On January 9, 2025, a federal district court in Kentucky ruled that the 2024 Title IX Regulations “are invalid and must be set aside.” Despite some ambiguity in the text of the decision, we concluded that the ruling likely...more

Bowditch & Dewey

Update – Key Developments in Title IX Regulations

Bowditch & Dewey on

On January 9, 2025, the United States District Court for the Eastern District of Kentucky issued a landmark decision vacating the 2024 Title IX regulations nationwide. As we discussed in our previous alert, this ruling has...more

Fox Rothschild LLP

DOE’s Office for Civil Rights Releases First Retaliation Guidance in 12 Years

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The U.S. Department of Education’s (DOE) Office for Civil Rights (OCR) released a new resource that details its process for investigating retaliation claims and provides examples of cases it investigates. Released in...more

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