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
Higher education institutions and schools have spent the summer of 2020 revisiting their sexual harassment and misconduct policies to ensure compliance with the May 2020 Title IX regulations. These efforts have required...more
On May 6, 2020, the United States Department of Education issued its long-awaited Final Regulations (the “Regulations”) that focus on Title IX protections for victims of sexual misconduct. The new regulations impose a number...more
After a lengthy notice and comment process and much anticipation, new Title IX regulations were issued by the U.S. Department of Education on May 6, 2020. The regulations comprise approximately 25 pages, and the preamble to...more
As an Office for Civil Rights (OCR) investigator, I was surprised by the number of times I saw the same issues again and again in Title IX sexual misconduct investigations. Nowhere was this more evident than with...more
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
Recently the North Carolina Court of Appeals issued a controversial, but unanimous decision requiring the University of North Carolina at Chapel Hill ("UNC-CH") to release its students' sexual assault disciplinary records. ...more
Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more
On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more
Secretary of Education Betsy DeVos’s hotly anticipated remarks on the future of Title IX enforcement, given yesterday at George Mason University, announced the intention of the Department of Education to overhaul the way it...more
On September 28, 2014, California Governor Jerry Brown announced that he had signed SB967, the so-called “Yes Means Yes” bill into law, effectively changing the definition of “consent” for sexual partners on California...more