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OCR’s Directive on Race-Conscious Policies in Higher Education

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

What Do We Do Now? District Court Invalidates 2024 Title IX Regulations

On January 9, a federal judge in the Eastern District of Kentucky entered an order vacating the 2024 Title IX regulations (the Final Rule). The case is Tennessee, et al. v. Cardona (Civil Action No. 2: 24-072)....more

Fourth Circuit: Institution's Tax-Exempt Status Does Not Trigger the Applicability of Title IX's Requirements

On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an...more

Third Circuit Allows Title IX Claim to Proceed in Light of Inferences and Allegations of Gender Bias

On March 31, the Third Circuit issued a ruling in Doe v. Princeton University, reversing a district court’s dismissal of Title IX and state law claims against Princeton University by a male student who was accused of...more

Ninth Circuit Rules University Not Liable Under Title IX for Football Player’s Off-Campus Assault

On January 25, the Ninth Circuit Court of Appeals affirmed a district court order in Brown v. State of Arizona et al., granting the University of Arizona summary judgment to dismiss Title IX claims asserted against the...more

Third Circuit Rules Universities May Face Title IX Liability for Sexual Misconduct By Nonstudent Guests

On January 11, the U.S. Court of Appeals for the Third Circuit issued a precedential decision in Hall v. Millersville University, holding for the first time that colleges and universities may face damages liability under...more

Office for Civil Rights Reduces Scope of Investigations to More 'Swiftly' and 'Efficiently' Resolve Complaints

The Chronicle of Higher Education recently reported that, on June 8, 2017, the Department of Education’s Office for Civil Rights (OCR) distributed an internal memo containing new guidance that will provide regional offices...more

Is Title IX Guidance and Enforcement About to Change?

On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more

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