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Evidence Educational Institutions

DRI

From Protest to Arrest: Navigating First Amendment Retaliatory Arrest Claims

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Protest and political activism are deeply ingrained in American culture, boasting a storied history of citizens mobilizing to advocate for change and to challenge injustices. From the Boston Tea Party during the colonial era...more

Bricker Graydon LLP

[Event] Clery & Title IX Drive-In Conference - August 1st, Granville, OH

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Please join the Ohio Five, in conjunction with Denison University and Bricker Graydon LLP for a Clery Act and Title IX training. Participants will have the opportunity to obtain their annual Clery Act training requirements...more

TNG Consulting

The Title IX Review: Receiving New Information Post-Appeal

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ATIXA’s members may be familiar with the idea of a “Title IX Review”, though it is never really addressed or discussed in government regulations or guidance. A review is a useful tool for Title IX Coordinators to deploy,...more

Bricker Graydon LLP

Victim Rights Law Center Title IX case appealed; Dear Colleague Letter stands for now

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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

Holland & Knight LLP

Education Department Ceases Enforcement of "Arbitrary and Capricious" Exclusionary Rule

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By a bulletin and letter issued on Aug. 24, 2021, the Biden Administration's U.S. Department of Education announced that it was ceasing enforcement of a highly controversial exclusion of evidence rule that was included in the...more

Bricker Graydon LLP

OCR provides further guidance on Massachusetts court decision (VRLC)

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In a publication posted last week, we told you about a recent decision from the United States District of Massachusetts, Victim Rights Law Center, et al. v. Cardona, and the potential impact this decision might have on your...more

Bricker Graydon LLP

Possible clarification on the use of certain statements in Title IX hearings

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Since the initial public release of the 2020 Title IX regulations on May 6, 2020, many colleges and universities have wrestled with the Department of Education’s requirement that parties and witnesses submit to...more

TNG Consulting

Implementing the Cardona Decision for Fall 2021 – What Should Colleges Do Now That the Title IX Suppression Rule is Dead?

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Many in the Title IX field watched last week as two different federal courts denied challenges to the validity of the 2020 Title IX regulations under the Administrative Procedure Act (APA). The regulations survived these...more

Franczek P.C.

Recent Illinois Appellate Decision Reminds Schools of Standards for Residency Decisions

Franczek P.C. on

Although school districts evaluate residency claims on an almost daily basis, it is rare for an appellate court to weigh in on the standards that schools should use for that analysis. In a recent decision, Gwozdz v. Board of...more

TNG Consulting

Adventures in Title IX Advisorland, Part One

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Since the 2020 Title IX regulations have taken effect, colleges all across the U.S. are scrambling to find advisors to accompany the parties through the formal resolution process. While many colleges and universities elect to...more

TNG Consulting

Further Learning on Trauma-Informed Investigations of Sexual Assault Allegations

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A recent three-part series “Important Things to Get Right About the Neurobiology of Trauma” released by the organization EVAW-I has interesting implications for training sexual assault investigators. Specifically, the second...more

Troutman Pepper

Sixth Circuit Requires Proof of Actual Further Harassment in Title IX Deliberate Indifference Claims

Troutman Pepper on

On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more

Seyfarth Shaw LLP

Claims Can Now Be Filed Under New Jersey’s New Law For Asserting Child Sex Abuse Claims

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Synopsis: New Jersey’s recently enacted legislation which significantly extends the statute of limitations for sexual abuse claims and creates a two-year filing window for sexual abuse claims that would otherwise be...more

Nutter McClennen & Fish LLP

Academic Fraud Investigations: What Universities Are Doing Wrong and How They Can Get it Right

A panel of three professors posing inartfully phrased questions of a witness under oath, with members of the administration present, may not be the best way to gather relevant facts. Q: How do institutions of higher...more

Robins Kaplan LLP

No Winners in Rolling Stone Verdict

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A verdict was announced November 4, in Nicole P. Eramo v. Rolling Stone, LLC, et al., Civil Action No. 3:15-CV-00023, striking a legal and financial blow for the publication and its journalist, Sabrina Rubin Erdely. A...more

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