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Colleges Appeals Educational Institutions

Husch Blackwell LLP

$10M California Jury Verdict Reversed and Remanded Over Evidentiary Issues

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A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025)...more

TNG Consulting

It Appears the 2024 Title IX Regulations Are Done

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An ATIXA Tip of the Week - Today, a federal district court in Kentucky issued a ruling in Tennessee vs. Cardona, one of the several lawsuits against the 2024 Title IX Regulations. This particular lawsuit was filed in the...more

Bricker Graydon LLP

[Webinar] Level 2: Title IX Appeals Officer Training (Higher Education Title IX Series) - February 19th - 20th, 2:00 pm - 5:00 pm...

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Bricker Graydon’s Higher Education Team is pleased to announce a Winter 2024 series of Title IX trainings, all available virtually via webinar. All training events use discussions of hypothetical situations to encourage...more

White and Williams LLP

Third Circuit finds Liability Under Title IX for Actions of Non-Students

Title IX of the Education Amendments Act of 1972 (Title IX) provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to...more

Bricker Graydon LLP

Victim Rights Law Center Title IX case appealed; Dear Colleague Letter stands for now

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Earlier this summer, the U.S. District Court for the District of Massachusetts entered a decision vacating the provision in the new Title IX regulations that prohibited decision-makers from considering statements not subject...more

Steptoe & Johnson PLLC

Key Court Decisions Address Issues Concerning the Application of Title IX

Professor’s Classroom Speech Deemed Protected - In a case involving questions regarding the application of Title IX to classroom instruction, the Sixth Circuit Court of Appeals reasoned that a university’s gender-identity...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Does the Pennsylvania Human Relations Act Require Accommodation of Medical Marijuana Use? Not (For Now)

In Harrisburg Area Community College v. Pennsylvania Human Relations Commission, No. 654 C.D. 2019, (October 29, 2020), the Commonwealth Court of Pennsylvania recently examined the interaction between Pennsylvania’s Medical...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - December 7th, 9:00 am - 5:00 pm EST

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Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings for Summer and Fall 2020, all available via online webcast. All training events use discussions of hypothetical situations to...more

Fisher Phillips

Student Protest Activity Leads to Massive Verdict Against University - Schools Face Legal Risks Related to Protest Movement

Fisher Phillips on

It may be common to see protest activity on your campus – but thankfully it is not common to see a massive jury award rendered against an educational institute due to that activity. An ongoing dispute at an Ohio college that...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - August 31st, 9:00 am - 5:00 pm EST

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Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings for Summer and Fall 2020, all available via online webcast. All training events use discussions of hypothetical situations to...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - August 12th, 9:00 am - 5:00 pm EST

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Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings for Summer 2020, all available via online webcast. All training events use small-group discussion to encourage engagement with the...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - July 10th, 9:00 am - 5:00 pm EST

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Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings for Summer 2020, all available via online webcast. All training events use small-group discussion to encourage engagement with the...more

Troutman Pepper Locke

A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision

Troutman Pepper Locke on

On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more

Franczek P.C.

College Cleared in Due Process Challenge Because Student Failed to Participate in Offered Process

Franczek P.C. on

In a case that serves as a healthy reminder of the importance of drafting and abiding by clear disciplinary policies, an Illinois Appellate Court recently held that a College did not violate a student’s due process rights...more

Holland & Knight LLP

First Circuit Splits from Sixth Circuit and Education Department on Title IX

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The U.S. Court of Appeals for the First Circuit determined that constitutional due process principles do not require public universities to permit respondents or their advisors to cross-examine complainants in Title IX...more

Tucker Arensberg, P.C.

Are College Tuition Payments Subject to Claw Back by Bankruptcy Trustees? - It Depends.

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Bankruptcy Courts throughout the country are split on the socially charged issue of whether tuition payments made by parents for their adult children can be recovered by a bankruptcy trustee as “constructively fraudulent”...more

Holland & Knight LLP

Office for Civil Rights Changes its Complaint Processing Manual Again

Holland & Knight LLP on

The U.S. Department of Education's Office for Civil Rights (OCR) has revised its Case Processing Manual (commonly referred to as the CPM) yet again. The changes to the CPM, which follow closely behind the Department's release...more

Fisher Phillips

Labor Department’s New Approach Is A Game Changer For Student Internships

Fisher Phillips on

The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...more

Ballard Spahr LLP

D.C. Circuit hears oral argument on CFPB authority to issue CID to college accrediting organization

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Last week, the D. C. Circuit held oral argument in the CFPB’s appeal from the D.C. federal district court’s April 2016 ruling that the CFPB exceeded its statutory authority when it issued a CID to the Accrediting Council for...more

Holland & Knight LLP

Title IX Implications of the O'Bannon Decision

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The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX). In the...more

Carlton Fields

No Cash Compensation for Class of Amateur Student Athletes

Carlton Fields on

In a class action brought under the Sherman Antitrust Act, the Ninth Circuit Court of Appeals held that the NCAA eligibility regulations are subject to antitrust scrutiny. Applying the so-called Rule of Reason, the court held...more

Franczek P.C.

Ninth Circuit Rules in O’Bannon Case that Some of the NCAA Compensation Rules are Unlawful Restraints of Trade

Franczek P.C. on

On September 30, 2015, the Ninth Circuit Court of Appeals affirmed, in part, a district court’s ruling that some of the National Collegiate Athletic Association’s (NCAA) compensation rules were unlawful restraints on trade in...more

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