News & Analysis as of

Title IX Sexual Assault Due Process

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Investigator Training - October 3rd - 4th, 2:00 pm - 5:00 pm ET

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Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Informal Resolution Training - October 1st - 2nd, 2:00 pm - 5:00 pm ET

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Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Hearing Officer Training - September 26th - 27th, 2:00 pm - 5:00 pm ET

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Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Coordinator Training - September 23rd - 24th, 2:00 pm - 5:00 pm ET

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Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Sands Anderson PC

Fourth Circuit Upholds Dismissals in Title IX Cases, Leaves Threshold Constitutional Question Unresolved

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This year, the Fourth Circuit dealt with two Title IX cases involving allegations of due process violations. In these cases, the Court assumed, but did not decide, that university students have a constitutionally protected...more

Sands Anderson PC

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

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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

Bricker Graydon LLP

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

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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

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

Cross-Examination as a Procedural Due Process Right for Respondents

TNG Consulting on

Messeri v. University of Colorado at Boulder, No. 1:18-cv-02658-WJM-SKC In 2016, Jane Doe and Messeri met on the campus of the University of Colorado at Boulder where Messeri was enrolled. One night, while in Messeri’s room,...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

Holland & Knight LLP

First Circuit Splits from Sixth Circuit and Education Department on Title IX

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The U.S. Court of Appeals for the First Circuit determined that constitutional due process principles do not require public universities to permit respondents or their advisors to cross-examine complainants in Title IX...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

Littler

Sixth Circuit Provides Expansive Due Process Rights in Title IX Cases

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In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in 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

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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

Akin Gump Strauss Hauer & Feld LLP

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

Parker Poe Adams & Bernstein LLP

What U.S. Education Secretary Betsy DeVos' Recent Speech Means for Title IX

U.S. Secretary of Education Betsy DeVos gave a highly publicized speech recently about the federal government’s plan to revamp guidelines for handling allegations of sexual assault on college campuses. Having watched the...more

Steptoe & Johnson PLLC

Title IX: Now What?

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When Education Secretary Betsy DeVos delivered her Title IX address last Thursday at George Mason University, many expected the Department of Education was about to revoke the agency’s guidance set forth in the 2011 Dear...more

Holland & Knight LLP

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

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• 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

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

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