News & Analysis as of

Sexual Violence Policies Due Process

Sands Anderson PC

WDVA Holds that Victim and Accused are not “Similarly Situated” in a Title IX Equal Protection Claim

Sands Anderson PC on

In a recent education law decision, the Honorable Norman K. Moon of the Western District of Virginia dismissed the equal protection claims of a plaintiff, the accused, who alleged that under Title IX, he had not been afforded...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

Key Takeaways from Doe v. University of the Sciences

TNG Consulting on

Doe v. Univ. of the Sciences, No. 19-2966 (3rd Cir., May 29, 2020) - Summary of procedural history: Plaintiff, a senior at The University of the Sciences in Philadelphia filed suit alleging USciences discriminated...more

Jackson Lewis P.C.

Circuit Split On Student’s Due Process Right To Cross-Examination In Title IX Matters

Jackson Lewis P.C. on

Constitutional due process does not mean a student accused of assault has the right to directly cross-examine his accuser in adjudications under Title IX of the Education Amendments of 1972 at state institutions of higher...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

Akin Gump Strauss Hauer & Feld LLP

As Recent Title IX Legislative Efforts Meet Resistance, Litigation Will Likely Increase

• California Gov. Jerry Brown vetoed the state legislature’s attempt to codify previously issued Title IX guidance. • A similar bill, introduced this month in the U.S. House of Representatives, has not yet received the...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

Franczek P.C.

New OCR Title IX Dear Colleague Letter Withdraws Obama Era Guidance

Franczek P.C. on

Late last week, Secretary of Education Betsy DeVos announced the intention of the Department of Education to overhaul the way it addressed sexual misconduct on college and university campuses, as well as in K-12 schools. As...more

Miller Canfield

Department of Education Rescinds Obama Era Guidance on Sexual Harassment & Provides Interim Rules

Miller Canfield on

The U.S. Department of Education Office of Civil Rights ("OCR") this morning formally rescinded its April 4, 2011, Dear Colleague Letter as well as the April 29, 2014, Questions and Answers on Title IX and Sexual Violence....more

Fisher Phillips

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

Fisher Phillips on

In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more

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

The Department of Education Withdraws Obama-Era Title IX Guidance, Issues Interim Q&A

On Friday, September 22, 2017, when the Trump administration announced that it was rescinding Obama-era Title IX sexual assault guidance and issuing a new question and answer document while undertaking a formal review, most...more

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