On January 9, 2025, in State of Tennessee v. Cardona, Civil Action No. 2:24-cv-072-DCR, the U.S. District Court for the Eastern District of Kentucky vacated the Title IX Final Rule that was issued by the U.S. Department of...more
The last eight weeks have seen at least six courts issue injunctions barring enforcement of the U.S. Department of Education’s 2024 Title IX Final Rule (the “2024 Rule”). Most injunction orders lack clarity about which higher...more
On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...more
8/12/2024
/ Bostock v Clayton County Georgia ,
Colleges ,
Gender Identity ,
Hostile Environment ,
Injunctions ,
New Rules ,
SCOTUS ,
Sex Discrimination ,
Solicitor General ,
Stays ,
Title IX ,
Transgender ,
Universities
On June 17, 2024, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction staying enforcement of the U.S. Department of Education’s new Title IX regulations....more
6/18/2024
/ Arbitrary and Capricious ,
Department of Education ,
Educational Institutions ,
First Amendment ,
Gender Identity ,
Preliminary Injunctions ,
Rulemaking Process ,
Sexual Orientation Discrimination ,
Statutory Authority ,
Stays ,
Title IX
As previously discussed in our four-part series, on April 19, 2024, the U.S. Department of Education released final Title IX regulations that apply to complaints of sex discrimination occurring on or after the effective date...more
5/9/2024
/ Administrative Procedure Act ,
Department of Education ,
Department of Justice (DOJ) ,
Educational Institutions ,
Financial Industry Regulatory Authority (FINRA) ,
Hostile Environment ,
Injunctive Relief ,
OCR ,
Same-Sex Harassment ,
Sex Discrimination ,
Students ,
Title IX
Part two of our series of articles examining key changes applicable to higher education institutions and contained in new Title IX regulations released by the U.S. Department of Education on April 19, 2024, addresses...more
The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department...more
4/22/2024
/ Colleges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
Gender Discrimination ,
Hostile Environment ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title IX ,
Universities
The much-anticipated release of the Biden administration’s final revisions to the regulations implementing Title IX of the Education Amendments of 1972 will be delayed to October 2023, the U.S. Department of Education...more
On April 6, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced plans to begin a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, in response to...more
On March 8, 2021, President Joe Biden signed the “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” making clear his...more
3/15/2021
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Colleges ,
Department of Education ,
Educational Institutions ,
Executive Orders ,
Gender Identity ,
NPRM ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Universities
On May 6, 2020, the U.S. Department of Education released final regulations governing how institutions that receive federal financial assistance covered by Title IX of the Education Amendments of 1972 (Title IX) must respond...more