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Due Process Universities

Clark Hill PLC

Fourth Circuit Establishes Right to Cross-Examination in University Disciplinary Proceedings

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In a lawsuit against the University of North Carolina and officials by a male student who was expelled and lost his scholarship after being found responsible for sexual misconduct against female classmates, the Fourth Circuit...more

Meyers Nave

Ninth Circuit Rules on Caste as a Protected Class in CSU’s Anti-Discrimination Policy

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On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more

Clark Hill PLC

Balancing the Scales: Court Awards Limited Attorney Fees in Lengthy Title IX Due Process Case

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In this long-running suit against the University of Michigan by a male student accused of sexual assault in 2018, the Court awarded plaintiff $65,067.55 in attorney fees (out of $210,558.15 requested) and $3,982.37 in costs....more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Investigator Training - October 3rd - 4th, 2:00 pm - 5:00 pm ET

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Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Informal Resolution Training - October 1st - 2nd, 2:00 pm - 5:00 pm ET

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Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Hearing Officer Training - September 26th - 27th, 2:00 pm - 5:00 pm ET

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Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Coordinator Training - September 23rd - 24th, 2:00 pm - 5:00 pm ET

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Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

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As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Miller Canfield

Sixth Circuit: Emeritus Professor Status Does Not Create Constitutionally Protected Property Interest

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On December 5, 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that emeritus status does not necessarily create a constitutionally protected property interest. Peterson v Johnson, _F.4th_, 2023 WL 8431635 (for...more

Sands Anderson PC

Fourth Circuit Upholds Dismissals in Title IX Cases, Leaves Threshold Constitutional Question Unresolved

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This year, the Fourth Circuit dealt with two Title IX cases involving allegations of due process violations. In these cases, the Court assumed, but did not decide, that university students have a constitutionally protected...more

Sands Anderson PC

WDVA Holds that Victim and Accused are not “Similarly Situated” in a Title IX Equal Protection Claim

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In a recent education law decision, the Honorable Norman K. Moon of the Western District of Virginia dismissed the equal protection claims of a plaintiff, the accused, who alleged that under Title IX, he had not been afforded...more

Bricker Graydon LLP

College Athlete Misconduct: What Process is Due? (Part 2)

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Last week, we began discussing Radwan v. Manuel, a case recently decided by the U.S. Circuit Court for the Second Circuit regarding discipline faced by a soccer player at the University of Connecticut, a public institution....more

Bricker Graydon LLP

Federal Circuit Court Addresses Student Athlete Misconduct Issues (Part 1)

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The United States Court of Appeals for the Second Circuit has published a significant ruling addressing college student athletes’ First Amendment, procedural due process, and Title IX rights. The case, Radwan v. Manuel,...more

Bowditch & Dewey

The First Circuit Dismisses Former UMass Students’ Appeal Challenging Vaccine Policies as Moot

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On Thursday, August 4, 2022, the First Circuit Court of Appeals dismissed as moot an appeal that was brought by two former University of Massachusetts students claiming that the schools’ vaccine policies were unconstitutional...more

Franczek P.C.

Appeals Court Rejects Bid to Block Indiana University Vaccine Policy

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Like many higher education institutions, Indiana University will require all students, faculty, and staff to get a COVID-19 vaccine before returning to campus this fall, subject to certain exemptions. Eight students who...more

Bricker Graydon LLP

Public hearings on Title IX raise questions for coming guidance and regulatory changes

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Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

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[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

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 24, September 2020

This 24th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a flurry of activity around government restrictions on mass gatherings and business operations -- including a significant ruling from...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 6

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

Troutman Pepper Locke

Sixth Circuit Raises New Questions For Higher Ed Institutions Handling Sexual Misconduct Matters

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On March 11, the U.S. Court of Appeals for the Sixth Circuit issued a decision highlighting the difficult situation institutions of higher education face in sexual misconduct matters when balancing a complainant’s interest in...more

Holland & Knight LLP

First Circuit Splits from Sixth Circuit and Education Department on Title IX

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The U.S. Court of Appeals for the First Circuit determined that constitutional due process principles do not require public universities to permit respondents or their advisors to cross-examine complainants in Title IX...more

Knobbe Martens

Jurisdiction over Foreign Entities and Foreign Sovereigns

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GENETIC VETERINARY SCIENCES v. LABOKLIN GMBH & CO. KG - Before Wallach, Hughes, and Stoll. Appeal from the Eastern District of Virginia. Summary: (1) If a foreign entity is not subject to jurisdiction in any state’s...more

Franczek P.C.

Could Your Campus Be Next to Face a Class Action Challenge to Title IX Outcomes?

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A recent class-action lawsuit filed in Michigan, which seeks to overturn scores of Title IX decisions at Michigan State University, is the first of its kind. The case relies on a 2018 federal court ruling in Michigan that...more

Holland & Knight LLP

Newly Proposed Title IX Regulations Promise Sweeping Changes

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• The U.S. Department of Education (Department) on Nov. 16, 2018 proposed sweeping changes to the regulations implementing Title IX, the federal law prohibiting sexual harassment and sex discrimination. • The newly...more

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