News & Analysis as of

Rape

WPI State of the States: Lawmakers Keep Their Focus on Equal Pay Measures

by Littler on

As the holiday season approaches, legislative activity at the state level is starting to slow down. The California General Assembly closed out its term, for example, giving employers a breather until January. Illinois’...more

Harvey Weinstein: beauty and the beastly mogul

by FordHarrison on

Over the last week, the fallout from a New York Times article regarding Harvey Weinstein has been swift and significant. On October 5, 2017, The Times published an explosive story about Hollywood producer and media mogul...more

U.S. Department of Education Revises Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

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

Department of Education Rescinds Obama-era Title IX Guidance Document

by Hogan Lovells on

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

Department of Education Rescinds Obama-Era Title IX Guidance Documents, Introduces New Q&A on Campus Sexual Misconduct

by Hogan Lovells on

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

Federal Education Secretary Announces Plans to Revamp Title IX Directives

by Barley Snyder on

The U.S. Department of Education recently announced plans to “revoke or rescind” current guidance addressing enforcement of Title IX. Secretary Betsy DeVos said earlier this month the department plans to review and...more

Tennessee Supreme Court Lowers the Bar on Collateral Estoppel

In Bowen ex rel. John Doe v. Arnold, the Tennessee Supreme Court abandoned the traditional mutuality requirement for both offensive and defensive collateral estoppel, removing one traditional hurdle for parties seeking to...more

The Department of Education Seeks Public Input for New Title IX Policy

• The Department of Education (DOE) plans to gather public input—including input from educational institutions—on new Title IX policy, rejecting the prior administration’s issuance of policy by letter. • The DOE has not,...more

Secretary DeVos’s September 7, 2017 Remarks on Title IX Enforcement Extol Equity and Transparency, Raise New Questions

by Franczek Radelet P.C. on

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

Employer's 'Solicitous Treatment' of Alleged Perpetrator May Create a Hostile Environment for Coworker/Victim

Can an employer’s perceived preferential treatment of an alleged rapist create a hostile work environment for the female employee who reported the rape? The Ninth Circuit Court of Appeals recently held that a jury should...more

Department of Education Rethinking Campus Guidance on Sexual Assault

by Littler on

Higher education institutions may soon be asked to reconsider how they comply with Title IX obligations when a student or employee files a sexual assault complaint. The U.S. Department of Education (DOE) recently indicated it...more

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

Exigent Circumstances Under the Fourth Amendment May Extend to the Need to Interview an Arrestee in Place

In a split decision in United States v. Delva, No. 15-cr-683 (Kearse, Winter, Jacobs), the Second Circuit held that the Fourth Amendment allowed law enforcement officers to seize cell phones and a number of letters that were...more

EEOC Sues Favorite Farms for Sexual Harassment, Including Rape, And Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Conduct, Federal Agency Charges in Lawsuit - TAMPA, Fla. - Favorite Farms, Inc., a farming business growing a variety of produce in Dover, Fla.,...more

Violence Against Women

by Sherman & Howard L.L.C. on

The facts alleged are horrific. A supervisor had a history of screaming obscenities and throwing things at women who worked for him. The employer sent him to anger management classes. His preferred victim was seven months...more

Christmas party incident of sexual harassment leads to dismissal, then reinstatement, of firefighter

by Dentons on

A male firefighter who had been “drinking heavily” has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department’s Christmas party. The Christmas party was held at a...more

Sexual Abuse at St. George's School and the School's Reponse: 1970 to 2015

by Foley Hoag LLP on

In January 2016, I was asked to conduct an investigation concerning sexual abuse at St. George’s School, and the school’s response to reports of abuse, from 1960 to the present. At the time, St. George’s faced a firestorm of...more

High Court Permits University’s Contravention of Its Own Privacy Policy

by Reed Smith on

The High Court in Bangura v Loughborough University [2016] EWHC 1503 (QB) ruled 19 May that Loughborough University acted lawfully under the Data Protection Act 1998 (“DPA”) in supplying Leicestershire Police with the...more

The New Clery Handbook: What Your College or University Needs to Know Before Publishing Your October 2016 Annual Security Report...

by Womble Bond Dickinson on

On June 23, the U.S. Department of Education, Office of Postsecondary Education, published the 2016 Edition of The Handbook for Campus Safety and Security Reporting, as required by the Clery Act (the “Handbook")...more

Premises Liability – Nightclub Liable for Rape of Patron by Employee

by Low, Ball & Lynch on

Janice H. v. 696 North Robertson, LLC - Court of Appeal, Second Appellate District (July 14, 2016) - Under California law, an owner of land has a duty to take affirmative action to control the wrongful acts of third...more

The Hot, Sweaty, Smelly Results are In: You Can’t Sexually Harass Your Employee Even if She’s a Lawyer and You’re a Guru

by Ervin Cohen & Jessup LLP on

In a tabloid-worthy legal verdict delivered on January 27, 2016, hot-yoga guru Bikram Choudhury has been found guilty by a Los Angeles jury of sexually harassing his own company lawyer and then firing her after she attempted...more

Africa Update - October 2015 #4

by Mintz Levin - ML Strategies on

Leading the News - Tanzania: On October 25th, voters in Tanzania went to the polls to vote for a candidate to replace outgoing President Jakaya Kikwete, who was unable to run for a third term under the country’s...more

EEOC Wins Jury Verdict of over $17 Million for Victims of Sexual Harassment and Retaliation at Moreno Farms

Florida Farm Managers Subjected Women Workers to Coerced Sex, Groping and Verbal Abuse, Then Fired Them for Objecting, Federal Agency Charged - MIAMI -- A federal jury has returned a unanimous verdict awarding a total of...more

Bad Science Makes Bad Policy on Campus Rapes

by Taylor English Duma LLP on

The federal requirements for responding to campus rape has garnered much criticism for lack of due process, presumption of guilt, and discrimination against men. Recent reports indicate that it also is based on bad science....more

MIT 2014 Community Attitudes on Sexual Assault

More than 3,800 undergraduate and graduate students responded, or about 35% of the institution’s total student population. (This 35% consisted of 46% of surveyed undergraduate females, 35% of undergraduate males, 37% of...more

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