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Department of Education Title IX

Fisher Phillips

Department of Education Drops Defense of Anti-DEI Guidance for Colleges: 3 Things Higher Ed Institutions Should Do

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The US Department of Education recently abandoned its legal defense of controversial guidance that sought to ban DEI programs at colleges and universities nationwide. On January 21, the Department quietly dismissed its appeal...more

Kohrman Jackson & Krantz LLP

Institutional Interests in Title IX Hearings: How “Neutral” Processes Are Shaped in Practice

Title IX hearings are designed to balance fairness, safety, and compliance within highly regulated institutional environments. Colleges and universities emphasize neutrality, impartiality, and defined procedures and process...more

TNG Consulting

Building a Sustainable Title IX Budget from the Ground Up

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Establishing a new campus-based Office for Civil Rights or Title IX office can feel like building the plane while flying it. When you’re the inaugural coordinator with no preexisting budget, it can be daunting to determine...more

Bond Schoeneck & King PLLC

Trump Administration Drops Appeal to Defend Dear Colleague Letter on DEI – Implications for Higher Education Institutions

The U.S. Department of Education, on Jan. 21, 2026, withdrew its appeal to the U.S. Court of Appeals for the Fourth Circuit aimed at defending its anti-DEI Dear Colleague Letter issued last year. The Trump Administration’s...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 1, 2026

Welcome to our January 2026 issue of The Academic Advisor -- our education law insights e-newsletter. We hope you are off to a great start to the spring semester, even though spring is certainly eluding us at present per...more

Bond Schoeneck & King PLLC

Title IX’s Three-Part Test for Athletic Participation Remains Enforceable in the Courts (At Least For Now…)

The U.S. Department of Education, on Jan. 21, 2026, withdrew its appeal to the U.S. Court of Appeals for the Fourth Circuit aimed at defending its anti-DEI Dear Colleague Letter issued last year. The Trump Administration’s...more

Miller Canfield

Sixth Circuit Holds Interest & Ability Required to Add Teams, Signals Title IX Athletics Regs Outdated

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Title IX requires schools receiving federal financial assistance to “provide equal athletic opportunity for members of both sexes.” But can Title IX plaintiffs force a university to create Division I varsity teams based...more

Fisher Phillips

US Department of Education Announces 18 Title IX Investigations Related to Transgender Athletes – What Should Your School Do?

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The US Department of Education recently launched a series of Title IX investigations of 18 different colleges and universities, state departments of education, and local public school systems that have policies allowing...more

TNG Consulting

Practical Strategies for Expanding Civil Rights Compliance Beyond Title IX

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As the civil rights landscape evolves, many Title IX Coordinators now oversee broader areas of compliance, including Title VI (race, color, or national origin), Title VII (employment discrimination), Section 504 and the ADA...more

Jenner & Block

Client Alert: What to Expect in 2026 for Higher Education

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After a year of significant upheaval for higher education institutions, additional changes are on the horizon in 2026. The most recent Unified Agenda, the One Big Beautiful Bill Act, and other developments mean additional...more

Foley Hoag LLP

Higher Education Litigation and Federal Policy: 2025 Year in Review

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Key Takeaways: President Trump made higher education a focus of his second term, and his administration has targeted colleges and universities in various spaces, including Diversity, Equity, and Inclusion, Title VI, Title...more

Tucker Arensberg, P.C.

District Dilemma: Comply with Department of Education’s Directives (and risk lawsuits) or Binding Court Decisions (and risk losing...

Tucker Arensberg, P.C. on

Fairfax Cty. Sch. Bd. v. McMahon, Civil Action No. 1:25-cv-1432, 2025 U.S. Dist. LEXIS 179299, at *5 (E.D. Va. Sep. 5, 2025).  District Court for the Eastern District of Virginia declines to rule on the merits of a school...more

Thompson Coburn LLP

Higher Education Litigation Summary: December 3, 2025

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Thompson Coburn’s Higher Education Litigation Summary is your resource for legal updates on key rulings and ongoing cases shaping the higher education sector. This installment covers updates related to Gainful Employment, the...more

Franczek P.C.

Title IX’s Current Regulatory Landscape and Its Implications for Special Education

Franczek P.C. on

While the 2024 Title IX regulations, in their short lifespan, had specific provisions about the role of members of the IEP team in determining supportive measures and other aspects of the process, the reinstatement of the...more

TNG Consulting

Defining the Boundaries of Hostile Environments

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As civil rights law practitioners, we often find ourselves tracing the edges of complex issues, trying to determine where protected expression ends and discriminatory conduct begins. Nowhere is this more evident than in the...more

Thompson Coburn LLP

Higher Education Litigation Summary: November 11, 2025

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Thompson Coburn’s Higher Education Litigation Summary is your resource for legal updates on key rulings and ongoing cases shaping the higher education sector. This installment covers updates related to Gainful Employment, the...more

Seyfarth Shaw LLP

After House v. NCAA: Will Congress or the White House Bring Order to College Sports?

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Since the House v. NCAA settlement went into effect in July 2025, the federal government has proposed three regulatory responses to concerns surrounding the future of college sports: the SCORE Act, the newly introduced SAFE...more

Clark Hill PLC

New Maryland Title IX Ruling: Universities Liable for Ignoring Harassment Against Accused Students

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When a female student and her supporters publicly label a male student a “rapist” and orchestrate his exclusion from university activities, that is sex-based harassment, and a university can be held liable under Title IX for...more

JAMS

[PODCAST] Back to School 2025: Title IX Updates and How ADR Can Help Universities Resolve Disputes

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As students return to campus this Fall, university leaders are stepping into a new semester following two notable Title IX developments this year. In January, a federal court overturned the Biden administration’s updated...more

Snell & Wilmer

Leveling the Playing Field: What You Need to Know About the Sports Executive Order

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Against the backdrop of inconsistent state laws regulating college athletics, President Trump recently stepped onto the court with an executive order called “Saving College Sports.” The executive order declares a policy to...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, 2025

“Citing President Donald Trump’s anti-DEI executive orders from earlier this year, Howell noted in a statement that ‘disclosure of these records will contribute significantly to the public’s understanding of university...more

Saul Ewing LLP

As Students Return to School, ED Focuses on Restroom Access

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Overview - On August 28, 2025, the U.S. Department of Education's Office for Civil Rights ("OCR") announced that it found Denver Public Schools in violation of Title IX for converting a sex-separated multi-stall girls'...more

Cohen Seglias Pallas Greenhall & Furman PC

Keeping Men Out of Women’s Sports: Lia Thomas, UPenn’s Settlement and the Future of Transgender Student-Athletes

After President Donald Trump issued an executive order titled “Keeping Men Out of Women’s Sports,” the National Collegiate Athletic Association (NCAA) changed its policies the next day about the inclusion of transgender...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2025 #3

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A British Formula One racing team is fighting back against a former supporter’s third complaint alleging fraudulent inducement into sponsorship agreements, telling a Florida federal court the lawsuit is trying to evade a $34...more

Potomac Law Group, PLLC

NIBRS Sexual-Offense Revisions: Immediate Considerations for Title IX Coordinators and School Counsel

The FBI’s National Incident-Based Reporting System (NIBRS) has replaced the offense of “fondling” with “criminal sexual contact” and revised the definition of “rape.”...more

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