News & Analysis as of

Hostile Environment Colleges

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme...

On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...more

ArentFox Schiff

Back to Campus in Today’s Environment

ArentFox Schiff on

After a year marked by student protests on university campuses nationwide, including encampments and commencement ceremony walk-outs, universities are scrambling to prepare for students’ return to campus the upcoming Fall...more

TNG Consulting

[Webinar] Title VI, Islamophobia, Antisemitism, and the Balancing of Rights - August 8th, 2:00 pm ET

TNG Consulting on

Colleges and schools tend to value pluralistic communities that offer rich diversity and varied perspectives. That complex tapestry of backgrounds and life experiences adds dimension, but it can also bring strife between...more

Franczek P.C.

OCR Update: Shared Ancestry and Ethnicity Discrimination Guidance

Franczek P.C. on

In recent months, OCR has reached resolution agreements with a school district and two universities after investigating complaints of discrimination and harassment based on ancestry or ethnicity, including allegations...more

Bowditch & Dewey

Changing Requirements for Title VI Compliance?

Bowditch & Dewey on

Case resolutions released by the Department of Education’s Office for Civil Rights (“OCR”) in the past two weeks may be signaling a change in how OCR expects institutions of higher education to comply with Title VI’s mandate...more

Bond Schoeneck & King PLLC

OCR Resolves Title VI Complaints Against Two High-Profile Universities

Recent resolution agreements between the U.S. Department of Education’s Office for Civil Rights (OCR) and the University of Michigan (U-M) and the City University of New York (CUNY) offer valuable lessons for colleges and...more

Bowditch & Dewey

OCR Provides Examples of Discrimination Based on Shared Ancestry – Colleges Take Note!

Bowditch & Dewey on

On May 7, 2024, the U.S. Department of Education’s Office for Civil Rights (OCR) again issued guidance in the form of a Dear Colleague Letter (DCL) to educational institutions discussing how Title VI of the Civil Rights Act...more

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

BCLP on

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Reeducating Educators on Discrimination Processes: the U.S. Department of Education Issues New Title IX Sex and Gender...

The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department...more

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

Fisher Phillips on

Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

Franczek P.C.

What Title IX Administrators At All Levels Can Learn From Recent Sexual Assault Charges Against 10-Year-Old for Playground Tag...

Franczek P.C. on

My calendar has been full these past weeks with administrator trainings on Title IX, and one of the issues repeatedly raised is how age and maturity impact the analysis of whether conduct is sexual in nature. A recent report...more

Mintz - Sports Entertainment Viewpoints

Ineligible Coach On The Field – Assessing Whether Restrictions Are Enforceable In Contracts

With the start of college football season around the corner, attention turns to off-season shake ups in coaching staffs. One controversial change involved defensive coordinator Robert H. Shoop. Shoop traded in his blue and...more

Franczek P.C.

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

Franczek P.C. on

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

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