News & Analysis as of

Educational Institutions Harassment Sexual Harassment

Parker Poe Adams & Bernstein LLP

Prompt Response to Alleged Student Harassment Helps Defeat Title IX and Related Claims

Earlier this month, the Eleventh Circuit Court of Appeals (which includes Georgia) affirmed the dismissal of Title IX and Section 1983 claims filed by volleyball players against the University of South Alabama and its...more

TNG Consulting

Why Grooming is Not a Title IX-Covered Offense 

TNG Consulting on

The 2020 Title IX Regulations raise the issue of predatory grooming, but only to state that it may be covered by the definition of Sexual Harassment in § 106.30 of the regulations. Thus, to the Department of Education’s...more

Venable LLP

Title IX's Final Rule Enforceability Still in Flux

Venable LLP on

Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more

Fox Rothschild LLP

Title IX Amendments: What School Administrators Need to Know Now

Fox Rothschild LLP on

The U.S. Department of Education has released long-awaited amendments to the Title IX regulations that will take effect Aug. 1, 2024. The amended regulations, released April 19, significantly broaden the protections of Title...more

Miller Canfield

Sixth Circuit Title IX Decision: Schools Must Consider Post-Incident Student-on-Student Cyberbullying/Electronic Harassment or...

Miller Canfield on

On November 15, 2023, the U.S. Court of Appeals for the Sixth Circuit issued a decision that underscores the importance of ensuring proper steps are taken when Title IX complaints are first received by a school for sexual...more

Bricker Graydon LLP

Campus Climate Surveys Required by Recent Reauthorization of VAWA

Bricker Graydon LLP on

Colleges and universities that receive federal funding will soon be required to administer campus climate surveys every two years on issues related to dating and domestic violence, sexual assault, sexual harassment, and...more

Saul Ewing LLP

The Department of Justice Weighs in on Title IX Peer Harassment and Retaliation

Saul Ewing LLP on

The Department of Justice recently filed a Statement of Interest in Thomas v. Bd. of Regents of the University of Nebraska, a case pending in the United States District Court for the District of Nebraska asserting peer...more

TNG Consulting

Can an Online Threat Trigger the Need for An Emergency Removal Under Title IX?

TNG Consulting on

It’s unlikely that online threats could be immediate threats to physical health or safety, unless the threatening individual is in close physical proximity to those being threatened, or the threat is pretty detailed and...more

Saul Ewing LLP

Updated Title IX Rules: Analysis of “Actual Knowledge”

Saul Ewing LLP on

Because Title IX addresses an educational institution’s own misconduct – and not the misconduct of the alleged harasser – the institution must first be aware that there is misconduct that needs to be addressed. In short, the...more

Dickinson Wright

Educators Still Required to Comply With New Title IX Regulations by August 14, 2020

Dickinson Wright on

On August 14, 2020, the U.S. Department of Education’s new Title IX regulations become effective. These regulations govern how education programs that receive federal funding must respond to sex discrimination, including...more

Franczek P.C.

Do Virtual Sticks and Stones Also Break Bones? Addressing Cyberbullying Under Title IX

Franczek P.C. on

Cyberbullying is nothing new. A majority of teens have experienced the phenomenon and college campuses certainly are not immune. Just because something is common does not make it simple to deal with, however. And this is...more

Bond Schoeneck & King PLLC

New York Legislation Redefines Harassment Standard

On August 12, 2019, Governor Cuomo signed legislation making sweeping changes to the New York Human Rights Law (“NYHRL”). Although we previously posted summaries of the significant amendments to the Human Rights Law and...more

Robinson+Cole Data Privacy + Security Insider

Fourth Circuit Expands Title IX Liability for Harassment Through Anonymous Online Posts

The Fourth Circuit recently held that universities could be liable for Title IX violations if they fail to adequately respond to harassment that occurs through anonymous-messaging apps....more

Husch Blackwell LLP

Fourth Circuit Imposes Potential Title IX Liability For Allegedly Deficient Institutional Response To Harassment On...

Husch Blackwell LLP on

The Fourth Circuit broke new ground in the Title IX landscape last week, reversing a district court’s dismissal of a lawsuit in which students alleged their university violated Title IX by failing to adequately respond to...more

Tucker Arensberg, P.C.

Court Upholds Termination of Teacher for Sexually Harassing Co-Teacher

Tucker Arensberg, P.C. on

Neshaminy School District v. Neshaminy Federation of Teachers, 171 A.3d 334 (Commw. Ct. 2017): The Pennsylvania Commonwealth Court held that an arbitrator decision violated public policy by reinstating a teacher after...more

Littler

NAIS and TABS Release Their First Task Force Report on Addressing Educator Sexual Misconduct

Littler on

On August 22, 2017, the National Association of Independent Schools (NAIS) and the Association of Boarding Schools (TABS) released their first joint report on sexual misconduct in independent schools. The report can be found...more

Tucker Arensberg, P.C.

Federal Court Allows Title IX Claim to Proceed Based Upon Allegations That Student Harassed By Peers for Failure to Conform to...

Tucker Arensberg, P.C. on

Russell Bittendender, et ux. v. Bangor Area School District, Case No. 15-6465 (E.D. Pa. 2017). The United States District Court for the Eastern District of Pennsylvania refused to dismiss a complaint alleging that a school...more

Franczek P.C.

Must Schools Protect Teachers from Bullying by Students Online?

Franczek P.C. on

A lawsuit filed by a California teacher against the school district where she works puts a new spin on an old problem. As the National School Boards Association reported, the suit, filed last week by Amy Sulkis in the Los...more

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