Even consensual “sexting” can be fraught with unintended consequences. What starts out as private conversations can quickly become the source of anguish when those private moments get exposed....more
We routinely field frantic calls from parents asking us what to do once their child has been assaulted at school by another student. In the age of social media and cameras placed all over school property, it has been...more
We save futures – and despite the uncertainty associated with President Trump’s decision to dismantle the Department of Education – our commitments remain the same. The better question, however, is how attorneys who represent...more
Embarking on a legal career is a three-year journey filled with demanding academic and intellectual hurdles. For many students, this journey culminates when they sit for their state bar examination, hoping to earn the right...more
The U.S. Department of Education announced that it will officially enforce the 2020 Title IX regulations, enacted during former President Donald Trump’s first term. This move comes after a federal judge struck down the Biden...more
Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the proposed prohibited conduct...more
1/17/2025
/ Constitutional Challenges ,
Disciplinary Proceedings ,
Discipline ,
Educational Institutions ,
First Amendment ,
Free Speech ,
Public Schools ,
School Districts ,
School Policies ,
SCOTUS ,
Social Media ,
Students ,
Title IX
Title IX of the Education Amendments of 1972 protects students from sex discrimination, sexual harassment, and unequal treatment based on their sex. If a student alleges that they have been sexually assaulted on campus, the...more
12/24/2024
/ Bodily Injury ,
Colleges ,
Compensation ,
Damages ,
Litigation Strategies ,
Penalties ,
Policies and Procedures ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Title IX ,
Title IX Coordinator ,
Universities
Making the decision to file a Title IX complaint is far from trivial. Survivors of sexual violence often fear being labeled, blamed, or belittled by the Title IX process. Additionally, the prospect of reliving the traumatic...more
Understanding the Title IX College Disciplinary Process -
For a student who has experienced sexual misconduct, the Title IX college disciplinary process can be confusing and overwhelming. While schools are required to...more
What is the Clery Act?
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, (commonly known as the Clery Act), is a federal law enacted in 1990. The Clery Act was passed to promote...more
11/8/2024
/ Annual Reports ,
Clery Act ,
Colleges ,
Crime Statistics ,
Crimea ,
Disclosure Requirements ,
Documentation ,
Notice Requirements ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Violence Policies ,
Title IX ,
Title IX Coordinator ,
Transparency ,
Universities
Imagine this scenario taking place at Greek parties all around the country: A fraternity hosts a party at its house and invites either another sorority or allows non-Greek students to attend. Alcohol is served at the party,...more
Two major trends are simultaneously unfolding on college and university campuses around the country. One, growing numbers of students with autism spectrum disorder (ASD) are being accepted into higher education. Two, colleges...more
The attorneys at KJK encourage all students to immediately tell their parents (or another relative) when they are involved in a Title IX or other campus conduct proceeding....more
On June 17, 2024, Chief Judge Danny Reeves of the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction in State of Tennessee, et al. v. Miguel Cardonoa, et al., U.S. District Court for the...more
Students involved in campus sexual assault cases often come to us full of confusion surrounding the intersection of the Title IX complaints and criminal investigations. While the same set of allegations can be simultaneously...more
We’ve said it many times: to college students, drinking and sex go together like peanut butter and jelly. Despite annual training on alcohol consumption and consent for freshmen, we still encounter cases questioning whether...more
WHO DO COLLEGES AND UNIVERSITIES CONSIDER TO BE A STUDENT?
Who do colleges and universities consider to be a student? You may be surprised to hear the answer provided by some college institutions....more
Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX of the Education Amendments of 1972 (Title IX) both act to prevent discrimination. While Title VII governs employment relationships; Title IX applies in...more
On April 19, 2024, the Biden Administration released its long-awaited overhaul of the Title IX regulations governing investigations of alleged sexual misconduct and sex discrimination in federally-funded education programs....more
4/22/2024
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Department of Education ,
Educational Institutions ,
LGBTQ ,
New Regulations ,
School Districts ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Title VII ,
Transgender
Students found responsible for Title IX violations face a wide array of penalties, ranging in severity depending upon the nature of the sexual misconduct. Because sanctions for Title IX violations can follow a student...more
TITLE IX IN MEDICAL INSTITUTIONS -
Many years ago, we wrote an article explaining that hospitals can investigate and adjudicate Title IX matters just like educational institutions. Just this past May 2023, the Cleveland...more
THE BIDEN ADMINISTRATIONS PROPOSED TITLE IX RULE -
The Biden Administration is advocating for a redefined Title IX rule, aiming to encompass a broader definition of sexual harassment. This proposed rule includes a new...more
Saifullah Khan has been thrust into the national spotlight, embroiled in a public, years-long web of civil, criminal, and administrative proceedings stemming from an allegation of rape and his subsequent expulsion from Yale. ...more
Title IX of the Education Amendments of 1972 (Title IX) is a federal statute that prohibits discrimination on the basis of sex in the context of education. The statute is most commonly associated with athletics, and most know...more
Stealthing is a highly sensitive and concerning issue that involves the act of removing a condom during sex without one’s partner’s knowledge or consent. This violation of trust and personal autonomy of the partner can lead...more