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Educational Institutions Disciplinary Proceedings

Miles & Stockbridge P.C.

The Wait is Over: Department of Education Issues Final Title IX Regulations

Schools that have been anxiously awaiting the U.S. Department of Education’s final regulations enforcing and interpreting Title IX need wait no longer. The department issued final regulations last week that will govern sex...more

Pullman & Comley - School Law

Preparing For the Amended Title IX Regulations:  What To Do Now

Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations.  The deadline for releasing the new regulations has been pushed back several times...more

TNG Consulting

Know Your Ratio of Title IX Hearing Outcomes. What Should It Be?

TNG Consulting on

More and more schools are publishing Title IX annual reports (a great idea!), and as I was looking at a bunch of them recently, I saw an outlier that prompted this Tip of the Week....more

Tucker Arensberg, P.C.

Confidentiality Provision of Educator Discipline Act Ruled Unconstitutional

Tucker Arensberg, P.C. on

Pennsylvania’s Educator Discipline Act governs educator misconduct complaints filed with the Department of Education for investigation and, if warranted, discipline. 24 Pa. Stat. Ann. § 2070.9. Once a misconduct complaint is...more

TNG Consulting

OCR Revised the Title IX Regulations Final Rule Publication Date to March 2024… Is That Date Realistic?

TNG Consulting on

[Revised and updated from my previous blog post in August]. As you know, the Department of Education is empowered to craft regulations to fulfill Congress’ mandate for sex equity under Title IX. The Department (ED),...more

TNG Consulting

The Implications of Implementation Burdens for Title IX Officers and Students Part III: Current Perceptions of Federal Regulatory...

TNG Consulting on

In our second blog entry, “Barriers to Student Reporting,” we reported that a quasi-legal judicial system may produce increased barriers for reporting sexual misconduct cases and, therefore, have diminished effects on...more

Nossaman LLP

Peer Review Hearings Are Not Court Trials: California Reaffirms Flexible Nature Of Fair Procedure

Nossaman LLP on

The California Supreme Court recently issued its decision in Boermeester v. Carry.  Though the case deals with fair procedure within a private university’s internal disciplinary proceedings, it provides helpful guidance for...more

Cranfill Sumner LLP

School District Liability under Title IX – Part 2 Davis v. Monroe County Bd. of Educ.

Cranfill Sumner LLP on

As was mentioned previously, the purpose of this series of articles is to provide an overview regarding the scope of Title IX liability for school districts and the potential damages they face, which continues to evolve...more

Verrill

Connecticut Supreme Court Opinion Sheds Light on Quasi-Judicial Standard in Context of University Disciplinary Proceeding

Verrill on

Recently, the Connecticut Supreme Court analyzed the availability of absolute immunity for participants in quasi-judicial proceedings, specifically in relation to the dismissal of a complaint by a Yale University student...more

TNG Consulting

Tip of the Week: Managing Title IX-Related Student Organization Risk

TNG Consulting on

Picture this: you receive a complaint from a student who is a member of your school district or institution’s student newspaper alleging Title IX sexual harassment that involves a fellow member of the student newspaper staff....more

Sands Anderson PC

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

Sands Anderson PC on

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

Franczek P.C.

Important Upcoming Restraint, Time Out, and Isolated Time Out Deadlines

Franczek P.C. on

As the 2022-2023 school year draws to a close, the deadline to submit Physical Restraint, Time Out and Isolated Time Out (RTO) Plans for the 2023-2024 school year, as well as progress reports for the 2022-2023 school year, is...more

Bricker Graydon LLP

Title IX Claim: Selective Enforcement In, Same Decision Maker Rule Out (Part 3)

Bricker Graydon LLP on

This article is the third and final installment in a series on 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...more

Franczek P.C.

School District’s Discipline of Students for Off-Campus Speech Affirmed by Ninth Circuit Court of Appeals

Franczek P.C. on

A recent Ninth Circuit Court of Appeals decision held that school officials did not violate students’ First Amendment rights when disciplining them for off-campus social media posts that amounted to severe harassment...more

Pullman & Comley - School Law

Title IX on the Nines

On January 9, 2023, at 9:00 a.m. we presented our first in a monthly series of “Title IX on the Nines” webinars.  We were joined by over 100 people from the K-12 and college/university levels.  We discussed the top five...more

Jaburg Wilk

DOE Disciplinary Proceedings: Tough Lessons for Arizona Teachers

Jaburg Wilk on

The Arizona Department of Education (“DOE”) is responsible for licensing and overseeing educators in the state. All Arizona teachers must maintain a teaching certificate to be eligible to teach and remain in good standing...more

Franczek P.C.

OCR and OSERS Issue Guidance on IDEA and Section 504 Requirements for Addressing Disability-Based Student Behavior

Franczek P.C. on

On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) released several guidance documents concerning the civil rights of students...more

Littler

Title IX At 50: Expanding Protections for Students and Employees

Littler on

In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972 (Title IX), on June 23, 2022, the U.S. Department of Education (DOE) issued its anticipated proposed rule to amend Title IX’s implementing...more

Akerman LLP

Anticipate These Changes to Your Title IX “To-Do” List

Akerman LLP on

On June 23, 2022, the U.S. Department of Education (the Department) announced that it intends to amend the current Title IX regulations that were instituted under the Trump administration in May of 2020. The Department’s...more

Franczek P.C.

Two Grievance Procedures in the New Title IX Proposed Regs?

Franczek P.C. on

You may have noticed while skimming through the new Title IX proposed regulations that there are now seemingly two grievance procedures to address Title IX complaints instead of one. You’ll recall that the current 2020...more

Jenner & Block

Key Takeaways from the New Proposed Title IX Regulations

Jenner & Block on

The Department of Education marked the fiftieth anniversary of Title IX, the landmark civil rights law prohibiting sex discrimination in federally funded education programs and activities, by releasing its highly anticipated...more

Robinson & Cole LLP

Department of Education Proposes Revamping Title IX Sexual Harassment Regulations

Robinson & Cole LLP on

On June 23, 2022, the 50th anniversary of the passage of Title IX, the Department of Education (DOE) released proposed major changes to the current Title IX regulations made effective in August 2020. The proposed revisions...more

Franczek P.C.

Considerations for Law Enforcement Referrals

Franczek P.C. on

School district practices on referrals to local law enforcement for student misconduct in schools are facing intense scrutiny in the wake of the ProPublica investigation reported these past weeks in the Chicago Tribune. ...more

Franczek P.C.

The Illinois Attorney General and ISBE Release Non-Discriminatory Student Discipline Guidance

Franczek P.C. on

The Office of the Illinois Attorney General and the Illinois State Board of Education (ISBE) recently issued new non-regulatory guidance to assist public K-12 school districts with applying student discipline policies in a...more

Franczek P.C.

Title IX Refresher Series Part III: Title IX Decision-Maker

Franczek P.C. on

We recently launched a multi-part series where we are providing a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed...more

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