News & Analysis as of

Office of Civil Rights Cross Examination

Franczek P.C.

Are Title IX Live Hearings A Thing of the Past?

Franczek P.C. on

Live hearings—the hallmark procedure and one of the most substantial changes under the 2020 Title IX regulations for higher education institutions—may be a thing of the past. This a possible result of the end of the...more

Jackson Lewis P.C.

Education Department Ceases Enforcement Of Title IX Regulatory Provision Barring Reliance On Certain Statements

Jackson Lewis P.C. on

The U.S. Department of Education’s Office for Civil Rights has announced that it will immediately cease enforcement of the Title IX regulatory provision prohibiting decision-makers’ reliance on statements not subject to...more

Bricker Graydon LLP

OCR provides further guidance on Massachusetts court decision (VRLC)

Bricker Graydon LLP on

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

TNG Consulting

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

TNG Consulting on

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

Fisher Phillips

Title IX – Will Everything Old Be New Again?

Fisher Phillips on

[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

TNG Consulting

The Last Thing Trump’s Office for Civil Rights Said to Me…

TNG Consulting on

An Answer Is an Answer, Except When It’s Not On the evening of January 19, the last full day of Donald Trump’s term as president, the staffers and attorneys at the Office for Civil Rights (OCR) seemingly spent the night...more

TNG Consulting

OCR’s Title IX All-Or-Nothing Cross-Examination Curiosity

TNG Consulting on

Under the new Biden administration, the future feasibility of OCR’s all-or-nothing stance on cross-examination will be examined – if not by OCR itself, then likely by the federal courts. And it’s important for practitioners...more

TNG Consulting

Cross-Examination as a Procedural Due Process Right for Respondents

TNG Consulting on

Messeri v. University of Colorado at Boulder, No. 1:18-cv-02658-WJM-SKC In 2016, Jane Doe and Messeri met on the campus of the University of Colorado at Boulder where Messeri was enrolled. One night, while in Messeri’s room,...more

Akin Gump Strauss Hauer & Feld LLP

The Department of Education Issues New Guidance For Title IX Proceedings

On September 22, 2017, the Department of Education’s Office for Civil Rights (the OCR) issued a new Dear Colleague Letter officially withdrawing the April 4, 2011 Dear Colleague Letter on Sexual Violence and the April 29,...more

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