News & Analysis as of

Students Universities

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

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

New Title IX Guidance: Steps To Take Now

by Holland & Knight LLP on

• The U.S. Department of Education rescinded two major Office for Civil Rights guidance documents interpreting the application of Title IX to reports of sexual misconduct. • Secretary of Education Betsy DeVos stated that...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

Private Hospital Collaborating with State College Not “State Actor” for Section 1983 Purposes When Dismissing Trainee

by Holland & Knight LLP on

Private hospitals commonly associate with public entities in running a variety of programs. These collaborations raise the question in civil rights litigation of whether and when the private hospital is a state actor. Under...more

U.S. Department of Education Office of Civil Rights’ jurisdiction in Title IX cases

The Issue - The Office of Civil Rights’ (OCR) jurisdiction is broad. If an institution receives federal funds, to include student financial aid and grants, it is subject to Title IX and OCR’s authority. The most public, and...more

NLRB Achieves Republican Majority

Over the past few months, we have written about President Trump’s efforts to fill the two vacant seats on the National Labor Relations Board (“NLRB”) with William Emmanuel, a management-side labor attorney in private...more

Doe v. Brown University: Non-Students and the Limits of Title IX Liability

In a case that raises a number of interesting questions, a federal judge in Rhode Island recently held that a student at one school could not bring a Title IX action against another school following her sexual assault by some...more

OCR Withdraws Obama-Era Title IX Guidance

by Ballard Spahr LLP on

On September 22, 2017, the U.S. Department of Education's Office for Civil Rights (OCR) issued a "Dear Colleague Letter" that withdrew two key Title IX documents issued during the Obama administration—a Dear Colleague Letter...more

New OCR Title IX Dear Colleague Letter Withdraws Obama Era Guidance

by Franczek Radelet 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

Title IX Directives to Schools for Handling of Sexual Misconduct Claims Rescinded

by Barley Snyder on

The U.S. Department of Education issued interim guidance addressing how the Office of Civil Rights will assess Title IX compliance when schools process claims of sexual misconduct, including peer-on-peer sexual harassment and...more

Education Department Rescinds Obama-Era Guidance On Campus Sexual Assault Investigations, Issues Interim Guidance

by Jackson Lewis P.C. on

Secretary of Education Betsy DeVos on September 22, 2017, released Title IX interim guidance, while rescinding Obama-era policies, for handling sexual assault cases on college campuses . Specifically, the Department of...more

Department of Education Rescinds Obama-Era Title IX Guidance in Advance of New Rulemaking

This morning, the Office for Civil Rights of the Department of Education issued a “Dear Colleague” letter rescinding the Obama administration’s school sexual assault guidance. The Department also issued a new set of...more

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

DACA: Next steps for institutions of higher education

by Thompson Coburn LLP on

In 2012, then-President Obama established with the Department of Homeland Security (“DHS”) the Deferred Action for Childhood Arrivals (“DACA”) Program. The DACA Program is an exercise of prosecutorial discretion by the...more

Student-Employee Unions: Should Universities Expect a Double U-Turn?

by Fisher Phillips on

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...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

Education Department to Replace Guidance on Title IX Sexual Misconduct Complaints

by McGuireWoods LLP on

In yet another reversal of civil rights policy established under the Obama administration, on Sept. 7, 2017, Secretary of Education Betsy DeVos announced her plan to review and replace the Department of Education’s 2011 “Dear...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

Blog: California BPPE Announces Changes to the Student Tuition Recovery Fund

by Cooley LLP on

The California Bureau for Private Postsecondary Education recently published amended regulations governing the Student Tuition Recovery Fund effective as of August 10, 2017. The changes will impact institutions approved to...more

DACA Program to Be Phased Out

Today, the Trump Administration announced rescission of the Obama Administration’s 2012 Executive Order which created the Deferred Action for Childhood Arrivals (DACA) program. As of March 5, 2018, DACA will fully end with...more

Breaking: Attorney General Rescinds DACA – Hundreds of Thousands of Individuals, Schools, Colleges, and Employers Uncertain What...

As expected, the Department of Justice just announced that the 2012 Deferred Action for Childhood Arrivals—known as DACA—has been rescinded. Attorney General Jeff Sessions delivered the news in a morning press conference at...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Risk Associated with Failure of Programs to Gain Timely Accreditation

by Steptoe & Johnson PLLC on

In an effort to add new programs to meet the needs and interests of students and faculty, many colleges and universities will admit students to programs that are still in the process of seeking the necessary accreditation....more

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