News & Analysis as of

Harassment Title IX Sexual Harassment

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

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

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

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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

Title IX Amendments: What School Administrators Need to Know Now

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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

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

Saul Ewing LLP

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

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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

Addressing Off-Campus Harassment in the K-12 World

TNG Consulting on

Increasing Pressure on Schools to Address Off-Campus Conduct - K-12 administrators seek our counsel frequently on the issues of off-campus jurisdiction over student misconduct. Conversations about addressing out-of-school...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

Tucker Arensberg, P.C.

Student’s Physical Assault of Alleged Harasser Does Not Constitute Protected Activity Under Title IX

Sanchez v. Brawley Elementary School District, 719 Fed. Appx. 723 (9th Cir. 2018) The Ninth Circuit Court of Appeals affirms District Court’s ruling that a student’s conduct of kneeing her alleged harasser did not constitute...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...

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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.

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

Troutman Pepper

Title IX: Responding To Sexual Harassment And Violence Incidents

Troutman Pepper on

Confronting these emotionally laden, incendiary events requires an even-handed and fearless approach - A senior administrator recently described the issues related to sexual misconduct as a dormant volcano that lies...more

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