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The False Claims Act: An Emerging Compliance Consideration for Title IX, Title VI, and DEI Professionals 

As the legal and regulatory landscape evolves, Title IX, Title VI, and DEI practitioners are increasingly expected to understand how their work intersects with broader federal compliance frameworks. One such framework that...more

Procedural Fairness Beyond the 2020 Title IX Regulations 

Given that it appears the 2020 Title IX Regulations will remain the regulatory law of the land for at least the next several years, the Title IX field is once again working with a prescriptive set of regulations applicable to...more

Implementation Day Arrived, For Some. What’s Next?

On the morning of August 1, 2024, Title IX experts from TNG Consulting and ATIXA participated in a webinar hosted by the Department of Education (ED) regarding the 2024 Title IX Rule. During the session, U.S. Secretary of...more

Rice University Loses Summary Judgment on Title IX Lawsuit

Doe v. Rice University, No. 21-20555, 2023 WL 3373316 (5th Cir. 2023) - Rice University (“the University”) investigated and suspended Doe, an undergraduate student-athlete, first for failing to disclose his herpes...more

OCR Finds Book Ban Created Hostile Environment Under Title IX and Title VI

On May 19, 2023, the Department of Education’s Office for Civil Rights (OCR) entered into a resolution agreement (“Agreement”) with Forsyth County Schools (“District”) in Georgia. The Agreement resolved a complaint that the...more

Supporting Retention Efforts: Title IX & BIT Syllabus Statements

Following significant enrollment declines during the COVID-19 pandemic, many institutions are renewing their focus on student retention. One common obstacle stems from students’ lack of awareness of support resources. In the...more

Preparing to Transition to an Interim Title IX Coordinator

Title IX Coordinators are just like everyone else. They take leaves of absence for health-related reasons or family matters. They may accept a promotion or a new role elsewhere. They get burned out by the work or burned by...more

Too Speculative: Court Dismisses Suit to Write Transgender Athletes out of the Record Books

Soule v. Connecticut Association of Schools, 21-1365-cv (2d Cir., December 16, 2022) Four cisgender Connecticut high school track student-athletes(“Plaintiffs”) sued the Connecticut Interscholastic Athletic Conference...more

Federal Court says Title IX Covers Off-Campus Sexual Assault after University System Granted Multiple Transfers for Serial...

Federal Court says Title IX Covers Off-Campus Sexual Assault after University System Granted Multiple Transfers for Serial Offender - Doe v. Board of Supervisors of the University of Louisiana System...more

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

Snyder-Hill vs. Ohio State - ATIXA

Snyder-Hill v. Ohio State University, Nos. 21-3981/3991, (6th Cir., September 14, 2022). Between 1978 and 1998, an Ohio State University (“the University”) team doctor and faculty member sexually abused student-athletes...more

Fourth Circuit Reaffirms Dress Code Violates Equal Protection Clause and Title IX

This case is an “en banc rehearing” of a case the Fourth Circuit decided in 2021. For more information on that decision, please click here....more

Federal Court Allows “Official Policy” Claim Based on Pre-Harassment Inaction

Vander Pas, a former undergraduate and graduate student at the University of Wisconsin-Whitewater (UWW), reported repeated sexual harassment by the husband (“Hill”) of a senior member of the University’s leadership. Vander...more

Doe v. University of Missouri

In our ATIXA newsletter in May 2022, we briefly analyzed a Supreme Court decision, Cummings v. Premier Rehab, in which the Court held that plaintiffs may not recover emotional distress damages under the discrimination...more

District Court Permits Title IX Lawsuit by Female Football Player Banned by Competitor Christian School to Proceed

E.H., a female student at Cuyama Valley High School (“Cuyama”), played on the Cuyama varsity football team. An opponent, Valley Christian Academy (“VCA”), discovered the student’s gender when she removed her helmet at the end...more

Federal Court Grants Preliminary Injunction Halting Department of Education Guidance Prohibiting Discrimination Based on Gender...

Twenty states sued to halt enforcement of the Department of Education’s (ED) guidance implementing Executive Order No. 13988, titled “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity...more

OCR Issues Title IX Resolution Letter to School District for Failing to Address Harassment of Transgender Student

On June 23, 2022, the Department of Education’s Office for Civil Rights (OCR) issued a resolution letter (“Letter”) to Tamalpais Union School District (“the District”) upon completion of its investigation into a Title IX...more

What Does a Case About the EPA Have to Do With Title IX?

Title IX practitioners are accustomed to thinking that EPA means “education program or activity,” but this time we mean the actual federal agency charged with environmental regulations. West Virginia v. Environmental...more

Appeals Court Eases Title IX Deliberate Indifference Standard for Universities in Faculty-Student Reports

Wamer v. University of Toledo, 27 F.4th 461; United States Court of Appeals, Sixth Circuit; March 2, 2022 Jaycee Wamer, a University of Toledo (“University”) undergraduate student, reported unwelcomed sexual advances and...more

Prior Non-Compliance Opens Door for District Liability in the Present

Jane Doe and Sally Doe, students at separate high schools, each sued the Metropolitan Nashville Public Schools (MNPS) for Title IX violations. They alleged that they had each experienced sexual harassment at school, with...more

Doe v. University of Denver

(2022COA57 – No. 20CA1545) - A state appeals court ruled that the University of Denver’s Office of Equal Opportunity Procedures were sufficiently certain for courts to enforce them under Colorado contract law. Doe, a...more

Judge Grants Preliminary Injunction for Illogical Reasoning, Bias, and Policy Deviations in Title IX Case

John Doe is a student at Texas Christian University (“TCU”). Doe and another TCU student, Jane Roe, dated in high school. At TCU, they maintained a sporadic sexual relationship. After the relationship ended, Roe filed a...more

Conducting Initial Assessments in K-12 Schools Under Title IX

A challenging aspect of the Title IX Coordinator’s role is performing initial assessments. The initial assessment takes place after an individual submits a report or a Formal Complaint, when the Title IX Coordinator...more

U.S. Supreme Court Seems Likely to Review “One Free Rape Rule” Under Title IX

The Supreme Court regularly hears petitions for certiorari, which is the formal term for its decision to accept cases. The court only “grants cert” in about one percent of cases each year. In May, the U.S. Supreme Court...more

Title IX Deliberate Indifference Claims Based on Post-Notice Retaliation Allegations Survive Dismissal

A student at Ohio University, Plaintiff (Doe) reported that another student (Smith) sexually assaulted her while she was intoxicated and unable to consent. Throughout the investigation process, Plaintiff alleged significant...more

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