The NCAA has announced “a new era” in college sports, touting “unprecedented” benefits for student-athletes following the U.S. District Court for the Northern District of California’s long-awaited approval of the $2.8 billion...more
6/9/2025
/ Antitrust Litigation ,
Antitrust Violations ,
College Athletes ,
Compensation ,
Enforcement Actions ,
Name and Likeness ,
NCAA ,
Regulatory Requirements ,
Reporting Requirements ,
Settlement Agreements ,
Student Athletes ,
Title IX
Institutions should carefully review their policies and practices now that the Department of Justice (DOJ) and Department of Education (ED) have recently formed a special investigations team to increase and prioritize...more
The U.S. Department of Education’s Office for Civil Rights (OCR) has rescinded the name, image, and likeness (NIL) guidance under Title IX of the Education Amendments of 1972 issued in the final days of the Biden...more
2/20/2025
/ Biden Administration ,
Colleges ,
Department of Education ,
Equal Protection ,
Name and Likeness ,
NCAA ,
OCR ,
Sex Discrimination ,
Student Athletes ,
Title IX ,
Trump Administration ,
Universities
On Feb. 5, 2025, the White House published executive order (EO) “Keeping Men Out of Women’s Sports,” aiming to “protect opportunities for women and girls to compete in safe and fair sports [.]” The EO establishes a federal...more
How to engage in name, image, and likeness activities (NIL) without running afoul of Title IX of the Education Amendments of 1972 is a question colleges and universities have wrestled with since the NCAA first permitted the...more
1/28/2025
/ Colleges ,
Compliance ,
Equal Opportunities ,
Federal Funding ,
Name and Likeness ,
NCAA ,
OCR ,
School Sports ,
Sex Discrimination ,
Sports ,
Student Athletes ,
Title IX ,
Universities
The Biden Administration’s April 2024 changes to Title IX regulations were struck down in a court ruling that applies nationwide. State of Tennessee v. Cardona, No. 2: 24-072-DCR (E.D. Ky. Jan. 9, 2025). The Kentucky federal...more
1/13/2025
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Compliance ,
Constitutional Challenges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
First Amendment ,
Gender Identity ,
School Policies ,
Sex Discrimination ,
Sexual Harassment ,
Title IX ,
Transgender ,
Trump Administration
The U.S. Department of Education has released its final amendments of the regulations to Title IX of the Education Amendments of 1972 regarding how educational institutions must handle allegations of sexual discrimination and...more
The U.S. Department of Education Office for Civil Rights (OCR) has proposed a standard that would clarify participation and equal opportunity of transgender students in school athletics....more
The U.S. Department of Education’s Office for Civil Rights (OCR) released a fact resource on October 4, 2022, reaffirming that Title IX of the Education Amendments Act protects students and employees from discrimination based...more
Bringing together general counsel, Title IX coordinators, equity directors, ethics officers, and other key administrators, along with outside counsel, the National Association of College and University Attorneys (NACUA) 2022...more
In conjunction with the 50th anniversary of Title IX, the U.S. Department of Education has released its proposed amendments to the regulations for Title IX of the Education Amendments of 1972 for public comment....more
The 50th anniversary of Title IX provides elementary, secondary, and postsecondary institutions an opportunity to reflect on the impact of and future developments stemming from the law....more
The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more
5/3/2022
/ Affordable Care Act ,
Disability Discrimination ,
Emotional Distress Damages ,
Health Care Providers ,
Medicaid ,
Medicare ,
Punitive Damages ,
Reasonable Accommodation ,
Rehabilitation Act ,
SCOTUS ,
Spending Clause ,
Title IX ,
Title VI
The U.S. Department of Education’s Office for Civil Rights (OCR) has announced that it has sent its draft proposed amendments to Title IX of the Education Amendments of 1972 to the Office of Information and Regulatory Affairs...more
The U.S. Department of Education’s Office for Civil Rights has announced that it will immediately cease enforcement of the Title IX regulatory provision prohibiting decision-makers’ reliance on statements not subject to...more
The U.S. Department of Education’s Office for Civil Rights (OCR) has released its Questions and Answers on the Title IX Regulations on Sexual Harassment (July 2021) and Appendix with sample policies (Q & A), which represents...more
The U.S. Department of Education marked the 49th anniversary of the Title IX Education Amendments of 1972 by issuing a Dear Educator letter. The letter highlights the importance of Title IX and references several Title IX...more
It will fully enforce Title IX of the Education Amendments of 1972 to prohibit discrimination based on sexual orientation and gender identity in education programs and activities that receive federal financial assistance from...more
To assist collegiate sports administrators in assessing emerging Title IX issues, we are pleased to provide the Spring/Summer 2021 installment of the Title IX Alert. This issue discusses topics such as amended regulations,...more
6/15/2021
/ Bullying ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Executive Orders ,
Joe Biden ,
OCR ,
Regulatory Reform ,
Sexual Harassment ,
Sexual Orientation ,
Student Athletes ,
Summary Judgment ,
Title IX
The U.S. Department of Education’s Office for Civil Rights (OCR) has announced it will conduct a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, starting with a public...more
The Department of Education has been directed to review all policies on sex and gender discrimination (including sexual violence) in schools under an executive order issued by the Biden administration on March 8, 2021. ...more
3/10/2021
/ Attorney General ,
Biden Administration ,
Department of Education ,
Domestic Policy ,
Executive Orders ,
Foreign Policy ,
Gender Identity ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title IX
The Biden administration’s Executive Order 13988, “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” expands prohibited forms of sex discrimination under Title IX of the Education...more
Final regulations from the U.S. Department of Education (DOE) implementing Title IX of the Education Amendments Act of 1972 with respect to sexual harassment will go into effect on August 14, 2020. The final regulations were...more
The U.S. Department of Education (DOE) has released its long-awaited, final amendments to Title IX regulations on how colleges and universities must handle allegations of sexual misconduct. The new regulatory requirements go...more
State attorneys general, lawmakers, and higher education industry groups have been urging the Department of Education to delay issuing the final regulations on how colleges and universities must handle allegations of sexual...more