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OCR Confirms Title IX Applies to Institutions’ Direct NIL and Revenue-Sharing

On January 16, 2025, the Office of Civil Rights of the Department of Education – the agency responsible for enforcing Title IX at institutions of higher education – issued a Fact Sheet confirming that OCR will apply...more

State of Tennessee v. Cardona: Implications of the Vacatur of the 2024 Title IX Regulations

On April 19, 2024, the Department of Education released its final Title IX regulations regarding sexual discrimination in federally-funded education (the “2024 Title IX Rules”)....more

Department of Education Issues Dear Colleague Letter as Student Protests Continue

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

NLRB Regional Director Determines Dartmouth Basketball Players Are Employees

In a much-anticipated decision issued on Monday, February 5, 2024, Region 01 of the National Labor Relations Board (the “NLRB”) decided that the players on the Dartmouth College men’s basketball team qualify as employees...more

Affirmative Action: Effects of the Ruling and Actions to Take Now

In a long-awaited decision, the Supreme Court ruled yesterday, June 29, that race-based admissions practices at public and private universities and colleges violate the Equal Protection Clause of the Fourteenth Amendment....more

Department of Education’s New Proposed Rule for Transgender Participation in Athletics

The participation of transgender athletes in youth, interscholastic, and elite sport has long been a highly charged political issue domestically and internationally, with a vast range of different approaches to regulating...more

Proposed Changes to Title IX Unveiled on its 50th Anniversary

On June 23, 2022, the 50th anniversary of Title IX, the U.S. Department of Education released its proposed amendments to its regulations implementing Title IX. As anticipated, the proposed amendments eliminate many of the new...more

Supreme Court Issues Decision in Closely Watched Student Social Media Case

On June 23, 2021, the Supreme Court issued its decision in the closely-watched case of Mahanoy Area School District v. B.L. The decision, which upheld the Third Circuit’s ruling for a high school cheerleader suspended from...more

Biden Executive Order Confirms Change Is Coming For Title IX

On his first day in office, President Biden issued an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation that foreshadowed Title IX’s protections against...more

Considering Cutting Varsity Sports Teams Due To COVID-19 Financial Strains? Make Sure You Comply With Title IX First!

The COVID-19 pandemic has dealt a heavy blow to college and university athletic programs over the past 10 months. The institution-wide budgetary challenges caused by the pandemic have been particularly acute in many athletic...more

What Constitutes Sex Discrimination? Biden Executive Order Foreshadows Significant Changes In Title IX For Institutions of Higher...

Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation - As one of his first acts as president, President Biden issued an Executive Order on Preventing and...more

From the Workplace to the Classroom – Bostock’s Potential Impact in Education

The Supreme Court’s landmark decision in Bostock v. Clayton County, Georgia marks a turning point and milestone victory for the LGBTQ+ community. The decision will impact the fight to end discrimination based on gender...more

Another Challenge for Educational Institutions: Implementing the New Title IX Regulations

As colleges and universities across the country deal with the challenges of remote learning and try to plan for the next academic year in the midst of the uncertainty created by the ongoing pandemic, they now need to add to...more

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