News & Analysis as of

Harassment Title IX

Tucker Arensberg, P.C.

Failure to Address Harassment Supports Discrimination Claims

Tucker Arensberg, P.C. on

Jane Doe v. Riverside Sch. Dist., 2024 U.S. Dist. LEXIS 231380 (M.D. Pa., Dec. 23, 2024).  After a classmate was convicted for sexual assault of a student outside of school, the student’s family alleged the School District...more

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

Franczek P.C.

Week in Review: Major Announcements from the Department of Education, Challenges to Anti-DEI Actions, Board Member Reinstatement...

Franczek P.C. on

We reported last week that the pace of executive orders coming from the new presidential administration had begun to slow. While, overall, the rate does still appear to be slowing, this week has been a notable one....more

TNG Consulting

A Practitioner-Focused Framework for Civil Rights Compliance 

TNG Consulting on

On January 14, 2025, the Department of Education Office for Civil Rights (OCR) announced a resolution agreement with the University of Washington following a Title VI complaint of alleged discrimination and harassment based...more

Franczek P.C.

President Trump Signs Executive Order Requiring Sex-Based Classifications

Franczek P.C. on

On January 20, 2025, one of President Trump’s first actions as the president of the United States was signing an Executive Order proclaiming that the U.S. government only recognizes two sexes: male and female. The order goes...more

Bond Schoeneck & King PLLC

2024 Title IX Regulations Deemed “Unlawful”

On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule implementing Title IX is “unlawful.” This court decision...more

Kohrman Jackson & Krantz LLP

Title IX Protections for LGBTQ+ Students: Legal and Mental Health Benefits

Title IX is a powerful federal law that protects students from sex-based discrimination and sexual harassment. If a school does not promptly investigate reports of sex discrimination or harassment, it can lose federal...more

TNG Consulting

Embracing the In-House Culture Assessment 

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Consequent to increasing sectarian tensions on campus, ATIXA members tell us they are seeing a rise in anonymous racist, homophobic, transphobic, Islamophobic, pro/anti-Israel messages, and other discriminatory comments...more

TNG Consulting

Advice from a Campus Leader with Three Decades of Experience 

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I am in my second year as the Interim Vice President for Campus Life at Lake Forest College, which marks my thirtieth year in a vice president role for student affairs. Our institution is a small, private liberal arts college...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

Miller Canfield

Michigan Supreme Court: Student-on-Student Harassment Not a Recognized Claim

Miller Canfield on

Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no....more

Fox Rothschild LLP

New Title IX Regs on Hold in Some States: How Colleges and Universities Can Still Prepare for August 1 Effective Date

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Federal court injunctions, upheld by two appellate courts, mean the new regulations will take effect only in a patchwork of states. But with an effective date looming, all universities must be prepared to implement a series...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

Mintz - Employment Viewpoints

What Employers Need to Know About the EEOC’s Proposed Guidance On Workplace Harassment

The Equal Employment Opportunity Commission ("EEOC") released its Proposed Enforcement Guidance on Harassment in the Workplace. In light of recent legal developments, such as the Bostock v. Clayton County decision, which...more

Pillsbury Winthrop Shaw Pittman LLP

Divided Ninth Circuit Expands Liability for Universities

An en banc panel held that a reasonable jury could find that the University of Arizona had control over the “context” of alleged sexual harassment that occurred in off-campus housing. A university can be held liable under...more

Pullman & Comley - School Law

Impact on School District Policies from the 2023 Session of the Connecticut General Assembly

Last week Pullman & Comley released its annual comprehensive summary of legislation affecting Connecticut schools. Included here is our initial take on the key policy and procedural impacts as a result of this year’s...more

Husch Blackwell LLP

U.S. Department of Education: A Close Look at the Office for Civil Rights Fiscal Year 2022 Annual Report for K-12 Education

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On May 1, 2023, the Office of Civil Rights (OCR) released its annual report for Fiscal Year 2022. The FY 2022 report focused on civil rights complaints, proactive compliance reviews, technical assistance presentations, and...more

Jackson Lewis P.C.

Department of Education Releases New Guidance on Pregnancy and Related Conditions

Jackson Lewis P.C. on

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

TNG Consulting

Judge Permits Title VII Lawsuit Against K-12 School District for Harassment of Transgender Teacher

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Jennifer Eller, a transgender teacher in the Prince George’s County Public Schools (PGCPS), sued the system for violations of the 14th Amendment, Title VII, Title IX, and the Maryland Fair Employment Practices Act. Eller...more

Husch Blackwell LLP

Department of Education Proposes Major Overhaul of Title IX Rules and Regulations

Husch Blackwell LLP on

On June 23, 2022—exactly fifty years after Title IX of the Education Amendments of 1972 became the law of the land—the U.S. Department of Education (ED) released its latest and much anticipated Title IX Notice of Proposed...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

Steptoe & Johnson PLLC

Third Circuit Finds Title IX Applicable to Actions of a Third-Party Campus Visitor

Steptoe & Johnson PLLC on

In a case involving the murder of a student on campus by a visiting boyfriend, the Third Circuit Court of Appeals held that an institution may be liable under Title IX for its failure to address apparent harassment by a...more

TNG Consulting

How Title IX Coordinators Should Manage Harassment and Bias in Student Evaluations of Teaching

TNG Consulting on

Student evaluations of teaching have been used as a means of assessing faculty effectiveness and course content in higher education for many years; in recent times there has been a call from faculty to reconsider their use as...more

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