News & Analysis as of

Sexual Assault Public Schools

Cozen O'Connor

New York Note – Migrant Spending Cuts, Class Size Limits, Mayor Assault Allegation

Cozen O'Connor on

Mayor Adams has ordered a 20% decrease in spending on asylum seekers. This follows his announcement of citywide budget cuts in the November Plan, and the City is budgeted to spend over $6B on asylum seeker costs in the next...more

Bricker Graydon LLP

Sixth circuit decision potentially expands Title IX liability for K-12 school districts

Bricker Graydon LLP on

A panel of the U.S. Court of Appeals for the Sixth Circuit in Cincinnati issued an opinion on May 19, 2022 that arguably expands the scope of liability K-12 school districts may face with respect to Title IX claims of sexual...more

Bricker Graydon LLP

Public hearings on Title IX raise questions for coming guidance and regulatory changes

Bricker Graydon LLP on

Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more

Tucker Arensberg, P.C.

Fourth Grader’s Sexual Assault Claim Preserved Until 18th Birthday

Tucker Arensberg, P.C. on

Nicole B. v. Sch. Dist. of Philadelphia, 237 A.3d 986 (Pa. 2020).  The Pennsylvania Supreme Court held that, when a fourth-grade student alleged that he was sexually assaulted in school, the 180-day period to file a claim...more

Franczek P.C.

First Quarter 2021 Illinois FOIA & OMA Update

Franczek P.C. on

PRE-DECISIONAL & DELIBERATIVE PROCESS UPDATES U.S. - SUPREME COURT DECISION - On March 4, 2021, the U.S. Supreme Court issued a decision in United States Fish and Wildlife Service v. Sierra Club addressing the “deliberative...more

Fox Rothschild LLP

Act 110 Imposes New Requirements On PA Schools Regarding Sexual Assault

Fox Rothschild LLP on

Pennsylvania public school entities should examine their school safety policies dealing with sexual assault to ensure they comply with new requirements imposed by Act 110 of 2020, which took effect on January 3 of this...more

TNG Consulting

Campuses and the Courts: M.M. v. San Juan Unified Sch. Dist.

TNG Consulting on

M.M. v. San Juan Unified Sch. Dist., No. 219CV00398TLNEFB, 2020 WL 5702265 (E.D. Cal. Sept. 24, 2020) - SUMMARY OF PROCEDURAL HISTORY: M.M., a nine-year-old female student in the San Juan Unified School District (SJUSD),...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Distinguishing Between Bullying and Protected First Amendment Speech: Lessons Learned from One School's Constitutional Blunder...

Schools sometimes find themselves needing to walk a fine but complicated line, whereby they curtail bullying but also balance the right to free speech. One recent case illustrates this point. A high school sophomore...more

Searcy Denney Scarola Barnhart & Shipley

Secretary of Education Revises Title IX Laws -- How Do New Regulations Favor Sex Offenders?

Those in the education field should be focused on protecting students. Students should feel safe attending school and college. If they are being physically or sexually assaulted by teachers or coaches, they should be able to...more

Pullman & Comley - School Law

Part II in a Series: Is Your District Prepared to Implement the New Title IX Regulations at the Start of the 2020-2021 School...

The U.S. Department of Education has placed much emphasis lately on its concerns over sexual harassment occurring on college campuses and how colleges are investigating complaints and disciplining students accused of...more

Pullman & Comley - School Law

Part I in a Series: Is Your District Prepared to Implement the New Title IX Regulations at the Start of the 2020-2021 School...

The U.S. Department of Education issued the first revision to its Title IX regulations in 45 years (the “Regulations”). The regulations go into effect August 14, 2020 and make sweeping changes in the way that elementary and...more

Cohen Seglias Pallas Greenhall & Furman PC

New Title IX Enforcement Initiative to Address Sexual Misconduct in K-12 Public Schools

This week, the United States Department of Education (DOE) announced a new Title IX enforcement initiative led by the DOE’s Office for Civil Rights (OCR) to combat the rise of sexual harassment, sexual assault, sexual...more

Fisher Phillips

Texas Takes The Lead Protecting Private And Independent School Students

Fisher Phillips on

In its most recent legislative session, Texas lawmakers took a number of steps designed to protect students from potential harm due to sexual misconduct. The new rules extend to certain obligations and protections to private...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Franczek P.C.

Could Your Campus Be Next to Face a Class Action Challenge to Title IX Outcomes?

Franczek P.C. on

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

Tucker Arensberg, P.C.

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case

Tucker Arensberg, P.C. on

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case When The School District Took Precautions To Avoid Sexual Assaults - Strobel v. Neshannock Township School District, Civil Action No....more

Franczek P.C.

Proposed Title IX Regulations Raise Many Questions, Particularly for K-12 Schools

Franczek P.C. on

On Friday, the U.S. Department of Education issued proposed regulations that its Office for Civil Rights (OCR) would use to investigate complaints against schools under Title IX of the Education Amendments of 1972. Title IX...more

Hogan Lovells

Department of Education Rescinds Obama-era Title IX Guidance Document

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

Franczek P.C.

Investigating Sexual Assaults at School: Changes on the Horizon

Franczek 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

Franczek P.C.

OCR Changes Investigation Protocols for Civil Rights Complaints

Franczek P.C. on

Candice Jackson, the U.S. Department of Education’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, recently provided a “new internal guidance” memorandum to staff that significantly changes the Office...more

Fisher Phillips

Don’t Be Unprepared For Student-On-Student Sexual Assault Allegations

Fisher Phillips on

Many are aware of the alarming rise in the number of student sexual assaults on college campuses across the country. The May 2015 issue of JAMA Pediatrics reported that one in five women will be the victim of a sexual assault...more

Tucker Arensberg, P.C.

The Third Circuit Court Of Appeals Denies Teacher Qualified Immunity Under The “State-Created Danger” Theory Where The Teacher...

L.R. v. School Dist. of Philadelphia et. al. No. 14-4640 (3rd. Cir. Sept. 6, 2016). The Third Circuit Court of Appeals affirmed an Order from the U.S. District Court for the Eastern District of Pennsylvania denying...more

Fisher Phillips

Four Practical Tips For K-12 Title IX Compliance

Fisher Phillips on

Administrators at K-12 school districts around the country have enormous responsibilities, with Title IX compliance high up on their list. While all administrators are concerned with doing the right thing by their students,...more

Jackson Lewis P.C.

White House Addresses Sexual Misconduct in K-12 Schools

Jackson Lewis P.C. on

A new notice and resource materials from the White House remind K-12 schools of their obligations to prevent and address sexual misconduct under Title IX of the Education Act of 1972. Like colleges and universities, K-12...more

Tucker Arensberg, P.C.

When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

Tucker Arensberg, P.C. on

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more

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