News & Analysis as of

Sexual Conduct

Reconsidering Limits on Confidentiality Provisions Where Sexual Misconduct is Involved

by Foley & Lardner LLP on

It does not require insightful analysis to conclude that something is broken when it comes to reporting and addressing sexual misconduct in the workplace. One attempt to fix part of the “brokenness” comes from the...more

Why the Harvey Weinstein Scandal Should Scare the Pants Off Employers

Unless you have been living in a cave for the last month, you have heard about the sexual misconduct allegations against Hollywood mogul Harvey Weinstein. The story has all of the makings of a Hollywood blockbuster, except...more

Department of Education Sued in Connection with Recently Issued Q&A on Campus Sexual Misconduct

• An equal rights group and three individual plaintiffs have filed a civil suit in U.S. District Court in Boston against the Department of Education (ED) and Secretary of Education Betsy DeVos. The complaint alleges that the...more

Takeaways from OCR’s Interim Guidance on Title IX

On September 22, 2017, the Office of Civil Rights (“OCR”) announced guidance describing how OCR will assess Title IX compliance while formal regulations are developed. This interim guidance, plus guidance issued by OCR in...more

Beware of Implementing 2017 Q&A Sexual Misconduct Guidance: VAWA and Clery Act Remain the Law (For Now)

On September 22, the Department of Education issued this announcement formally withdrawing the statements of policy and guidance in its 2011 Dear Colleague Letter on Sexual Violence and its 2014 Questions and Answers on Title...more

The U.S. Department of Education Office for Civil Rights Withdraws 2011 “Dear Colleague” Letter and 2014 Q&A on Title IX and...

by Nexsen Pruet, PLLC on

On September 22, 2017, U.S. Department of Education’s Acting Assistant Secretary for Civil Rights, Candice Jackson, withdrew the “Dear Colleague Letter on Sexual Violence,” dated April 4, 2011, and the “Questions and Answers...more

Clear and Convincing: DOE v. Jackson, Devos, and the future of campus sexual misconduct investigations

On September 7, 2017, Betsy DeVos, the Secretary of Education, announced that the United States Department of Education intended to revisit the “Dear Colleague” letter that the Department’s Office for Civil Rights, or “OCR,”...more

U.S. Department of Education Signals It Will Revise Title IX Guidance

by Holland & Knight LLP on

• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses. • DeVos...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

EEOC Sues Discovering Hidden Hawaii Tours for Male-on-Male Sexual Harassment

Company PresidentSexually Harassed Male Employees for More Than a Decade, Federal Agency Charges - HONOLULU, Hawaii - Three related Hawaii tour companies -- Discovering Hidden Hawaii Tours, Inc., Hawaii Tours and...more

White House Addresses Sexual Misconduct in K-12 Schools

by 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

Department of Education Releases Training Materials on Handling Sexual Misconduct

by Franczek Radelet P.C. on

The Department of Education (DOE) recently released the Safe Place to Learn resource package, providing schools with a variety of materials aimed at eliminating student-on-student sexual harassment and sexual violence. The...more

California Ballot 2016: Pros and Cons of Props 57-61

by Lewitt Hackman on

This is the second post in our California Ballot 2016 series – providing the “nutshell” versions of each of the 17 state-wide measures voters must decide in November. Please refer to our first post in the series: Props 51-56,...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

Sixth Circuit Holds Coverage Unavailable for Perpetrator of Sexual Misconduct

In its recent decision in Clifford v. Church Mutual Ins. Co., 2016 Fed. Appx. 0373N (6th Cir. July 5, 2016), the United States Court of Appeals for the Sixth Circuit, applying Ohio law, had occasion to consider the coverage...more

District Potentially Liable for Hiring Teacher Alleged to Have Inappropriately Touched Students

by Tucker Arensberg, P.C. on

Poe v. Southeast Delco Sch. Dist., 2015 U.S. Dist. LEXIS 168598 (E.D. Pa. Dec. 16, 2015): Hiring a teacher with past allegations of sexual misconduct toward students made the district and an administrator potentially liable...more

Making Bad Choices: Title IX, Title VII and Ludlow V. Northwestern University

A prior post considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

“Enough is Enough” – Governor Cuomo Signs Campus Sexual Assault Legislation

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation to combat sexual assault on both public and private college campuses throughout New York. With a few exceptions, the provisions in the law will take...more

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

Regulating Revenge Porn And Explicit Online Communications With Children – Easier Said Than Done

by Gray Reed & McGraw on

Everyone supports the prevention of sexual predators texting illicit material to people under 17. Everyone knows that revenge porn is a scourge on public decency. ...more

College and University Boards Advised to Become and Remain Informed of Sexual Misconduct on Campus

The Association of Governing Boards of Universities and Colleges (AGB) released an Advisory Statement on Sexual Misconduct on October 24. The AGB recognized many colleges and universities are now defending against lawsuits,...more

The Paradigm Shift In Campus Responses To Sexual Misconduct: From Compliance To Compassion

by Pepper Hamilton LLP on

Over the past several years, there has been growing awareness, public discourse and, at times, unrest about how colleges and universities respond to sexual misconduct. Originally Published in Today’s Campus –...more

Under New California Law—No Proof of Sexual Desire Required to Prove Sexual Harassment

On August 12, California Governor Jerry Brown signed into law Senate Bill (SB) 292 which amends section 12940 of the California Fair Employment and Housing Act....more

Understanding and Mitigating Liability for Workplace Romances

by Mintz Levin on

Originally published in the New York Law Journal on December 26, 2012. The recent life-imitating-art headlines featuring illicit romantic affairs involving senior corporate and governmental leaders remind us that there...more

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