With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The...more
7/22/2024
/ Bostock v Clayton County Georgia ,
Colleges ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Final Rules ,
Gender Identity ,
Preliminary Injunctions ,
SCOTUS ,
State and Local Government ,
Title IX ,
Universities
On June 17, Chief Judge Danny Reeves of the Eastern District of Kentucky issued a preliminary injunction staying the effective date, and enjoining enforcement, of the new Title IX regulations in the states of Indiana,...more
6/24/2024
/ Bostock v Clayton County Georgia ,
Discrimination ,
Educational Institutions ,
Motion To Enjoin ,
New Regulations ,
Preliminary Injunctions ,
Regulatory Agenda ,
SCOTUS ,
Sexual Orientation ,
State and Local Government ,
Title IX
On June 13, a judge in the Western District of Louisiana issued a preliminary injunction enjoining the enforcement of the new Title IX regulations in full in the states of Louisiana, Mississippi, Montana and Idaho. The...more
In a much-anticipated decision, the Supreme Court last week ended the use of race as a factor in college admissions, effectively overturning its precedent in Grutter v. Bollinger. In a vote of 6-3, the Court held that the...more
7/5/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Dissenting Opinions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Harvard University ,
Popular ,
Race Discrimination ,
SCOTUS ,
Students ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
On December 8, the Solicitor General filed a brief stating the views of the United States on the pending petition for certiorari in the case challenging the admissions program of Harvard University. The petition, filed by...more
12/15/2021
/ Admissions ,
Certiorari ,
Civil Rights Act ,
Colleges ,
Educational Institutions ,
Harvard University ,
Race Discrimination ,
SCOTUS ,
Students ,
Title VI ,
Universities
On July 26, the U.S. District Court for the Western District of Texas dismissed the latest case filed by Students for Fair Admissions (SFFA) against the University of Texas at Austin, challenging the university’s use of race...more
7/28/2021
/ College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Race Discrimination ,
Res Judicata ,
State and Local Government ,
Student Enrollment ,
Students ,
Summary Judgment ,
Texas ,
Universities
On April 6, the Department of Education Office for Civil Rights (OCR) sent a letter to stakeholders indicating how it intends to provide guidance on the implementation of Title IX of the Education Amendments of 1972 (Title...more
The National Labor Relations Board (NLRB or Board) recently announced it was changing course on whether students should be considered employees and therefore can unionize. This change of course returns to previous Board...more
On June 4, two separate lawsuits were filed by states against the Department of Education (the Department) alleging that the Department violated the Administrative Procedure Act (APA) in promulgating the final rules...more
On May 5, the Department of Education released its long-awaited final regulations under Title IX of the Higher Education Act. At more than 2,000 pages, the final regulations attempt to address the more than 120,000 comments...more
It has been well over a year since the Department of Education issued its proposed regulations under Title IX of the Higher Education Act for notice and comment and we are quickly coming up on the first anniversary of the...more
1/29/2020
/ Administrative Hearings ,
Best Practices ,
Colleges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
Higher Education Act ,
Investigations ,
OCR ,
Proposed Regulation ,
Standard of Proof ,
Title IX ,
Universities
On September 30, 2019, the District Court for the District of Massachusetts issued its long-awaited opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, _ F. Supp. 3d. _, 2019 WL 4786210,...more
11/5/2019
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fisher v University of Texas ,
Fourteenth Amendment ,
Harvard University ,
Race Discrimination ,
Strict Scrutiny Standard ,
Title VI ,
Unduly Burdensome ,
Universities