News & Analysis as of

Students Colleges Rape

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

TNG Consulting

Sexual Harassment Policy Drafting Under Title IX: Avoid the Word “Forcible” in Your Sexual Assault Definition

TNG Consulting on

Higher education institutions and schools have spent the summer of 2020 revisiting their sexual harassment and misconduct policies to ensure compliance with the May 2020 Title IX regulations. These efforts have required...more

TNG Consulting

Clery Act Campus Crime Reporting Handbook Rescinded – What Does it Mean?

TNG Consulting on

Last week the U.S. Department of Education (ED) announced the rescission and replacement of the 2016 Clery Handbook with a new “Clery Act Appendix for the Federal Student Aid (FSA) Handbook.” ED determined that much of the...more

Tucker Arensberg, P.C.

What every school district must do to comply WITH THE NEW Title IX Regulations Addressing Sexual Harassment

Tucker Arensberg, P.C. on

On May 6, 2020, the United States Department of Education issued its long-awaited Final Regulations (the “Regulations”) that focus on Title IX protections for victims of sexual misconduct. The new regulations impose a number...more

Holland & Knight LLP

An Early Read on the New Title IX Regulations

Holland & Knight LLP on

After a lengthy notice and comment process and much anticipation, new Title IX regulations were issued by the U.S. Department of Education on May 6, 2020. The regulations comprise approximately 25 pages, and the preamble to...more

Franczek P.C.

Learn From These Three Confidentiality Mistakes Before Your Next Title IX Investigation

Franczek P.C. on

As an Office for Civil Rights (OCR) investigator, I was surprised by the number of times I saw the same issues again and again in Title IX sexual misconduct investigations. Nowhere was this more evident than with...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

Ward and Smith, P.A.

Public University Required To Disclose Sexual Assault Disciplinary Records

Ward and Smith, P.A. on

Recently the North Carolina Court of Appeals issued a controversial, but unanimous decision requiring the University of North Carolina at Chapel Hill ("UNC-CH") to release its students' sexual assault disciplinary records. ...more

FordHarrison

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

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

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

Hogan Lovells

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

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

Akin Gump Strauss Hauer & Feld LLP

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

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

Mintz - ML Strategies

Africa Update - October 2015 #4

Mintz - 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

Bond Schoeneck & King PLLC

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

Bond Schoeneck & King PLLC

School Districts: School Districts’ Response to Sexual Harassment and Sexual Violence Under Scrutiny – Is Your District In...

The media stories being published across the nation criticizing schools for their failure to respond to sexual harassment and sexual violence against students serve as a warning to other school districts to consider whether...more

Franczek P.C.

Obama Administration Announces Voluminous Guidance Regarding Sexual Violence

Franczek P.C. on

Schools now have a substantial amount of additional guidance to review, process, and implement in their ongoing efforts to address sexual violence and achieve and maintain compliance with Title IX of the Education Amendments...more

Bond Schoeneck & King PLLC

Report of the White House Task Force to Protect Students from Sexual Assault

Today the White House issued the “first” report from its task force on sexual assault. The Report provides a number of recommendations for colleges and universities and is a “must read” for any administrator charged with any...more

Ballard Spahr LLP

White House Task Force on Sexual Assault Releases First Report; OCR Issues Long-Awaited FAQs

Ballard Spahr LLP on

The White House Task Force To Protect Students from Sexual Assault today released its first report, which contains a series of recommendations focused on identifying the scope of sexual assault on college and university...more

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