News & Analysis as of

Sexual Assault Due Process

Offit Kurman

What to Do If You Are Accused of a Title IX Violation in College

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Being accused of sexual misconduct in college is a deeply serious and often overwhelming situation. Title IX investigations can move swiftly, and the stakes are extraordinarily high in terms of academic, professional, and...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Advisor Training - August 19th - 20th, 2:00 pm - 5:00 pm ET

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Summer 2025 Higher Education Title IX Training Series - As the legal landscape across higher education continues to to evolve, it's essential for educational institutions to stay diligent and prepared. Our Summer 2025...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Investigator Training - August 14th - 15th, 2:00 pm - 5:00 pm ET

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Summer 2025 Higher Education Title IX Training Series - As the legal landscape across higher education continues to to evolve, it's essential for educational institutions to stay diligent and prepared. Our Summer 2025...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Informal Resolution Training - August 12th - 13th, 2:00 pm - 5:00 pm ET

Bricker Graydon LLP on

Summer 2025 Higher Education Title IX Training Series - As the legal landscape across higher education continues to to evolve, it's essential for educational institutions to stay diligent and prepared. Our Summer 2025...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Decision-Maker Training - August 5th - 6th, 2:00 pm - 5:00 pm ET

Bricker Graydon LLP on

Summer 2025 Higher Education Title IX Training Series - As the legal landscape across higher education continues to to evolve, it's essential for educational institutions to stay diligent and prepared. Our Summer 2025 Title...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Coordinator Training - July 22nd - 23rd, 2:00 pm - 5:00 pm ET

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Summer 2025 Higher Education Title IX Training Series - As the legal landscape across higher education continues to to evolve, it's essential for educational institutions to stay diligent and prepared. Our Summer 2025...more

Carlton Fields

Florida Appeals Court Decisions Week of June 16 - 20, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Hicks v. Middleton - vicarious liability, employment, course and scope - UHS v. Sec’y of Labor - OSHA, workplace violence, employer - JF v. Carnival - negligence, cruise,...more

Tucker Arensberg, P.C.

Repeated Assaults of Kindergartner on School Bus Lead to Various Federal Law Claims

Tucker Arensberg, P.C. on

In October 2023, a five-year-old girl (Roe) in the Red Lion Area School District (District) was reportedly physically and sexually assaulted by a male student while riding a school bus. After this incident, no measures were...more

Clark Hill PLC

Fourth Circuit Establishes Right to Cross-Examination in University Disciplinary Proceedings

Clark Hill PLC on

In a lawsuit against the University of North Carolina and officials by a male student who was expelled and lost his scholarship after being found responsible for sexual misconduct against female classmates, the Fourth Circuit...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Investigator Training - October 3rd - 4th, 2:00 pm - 5:00 pm ET

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Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Informal Resolution Training - October 1st - 2nd, 2:00 pm - 5:00 pm ET

Bricker Graydon LLP on

Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Hearing Officer Training - September 26th - 27th, 2:00 pm - 5:00 pm ET

Bricker Graydon LLP on

Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Coordinator Training - September 23rd - 24th, 2:00 pm - 5:00 pm ET

Bricker Graydon LLP on

Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Ankura

Managing Reputational Risk: Sexual Misconduct and Assault Allegations in Football

Ankura on

In a post #MeToo era, the dramatic increase in the number of sexual misconduct and assault reports made public intensifies each year and appears to be organizationally and geographically agnostic. Within the world of...more

Ankura

Sexual Misconduct and Assault Allegations in Football

Ankura on

In a post #MeToo era, the dramatic increase in the number of sexual misconduct and assault reports made public intensifies each year and appears to be organizationally and geographically agnostic. Within the world of...more

Sands Anderson PC

Fourth Circuit Upholds Dismissals in Title IX Cases, Leaves Threshold Constitutional Question Unresolved

Sands Anderson PC on

This year, the Fourth Circuit dealt with two Title IX cases involving allegations of due process violations. In these cases, the Court assumed, but did not decide, that university students have a constitutionally protected...more

Sands Anderson PC

WDVA Holds that Victim and Accused are not “Similarly Situated” in a Title IX Equal Protection Claim

Sands Anderson PC on

In a recent education law decision, the Honorable Norman K. Moon of the Western District of Virginia dismissed the equal protection claims of a plaintiff, the accused, who alleged that under Title IX, he had not been afforded...more

Bricker Graydon LLP

Public hearings on Title IX raise questions for coming guidance and regulatory changes

Bricker Graydon LLP on

Educational institutions all over the country have been grappling with the nuances of Title IX compliance since the new Title IX regulations were released last summer. With many stakeholders unhappy with the final...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

Fisher Phillips on

[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more

TNG Consulting

Cross-Examination as a Procedural Due Process Right for Respondents

TNG Consulting on

Messeri v. University of Colorado at Boulder, No. 1:18-cv-02658-WJM-SKC In 2016, Jane Doe and Messeri met on the campus of the University of Colorado at Boulder where Messeri was enrolled. One night, while in Messeri’s room,...more

Troutman Pepper Locke

Sixth Circuit Raises New Questions For Higher Ed Institutions Handling Sexual Misconduct Matters

Troutman Pepper Locke on

On March 11, the U.S. Court of Appeals for the Sixth Circuit issued a decision highlighting the difficult situation institutions of higher education face in sexual misconduct matters when balancing a complainant’s interest in...more

Jackson Lewis P.C.

Circuit Split On Student’s Due Process Right To Cross-Examination In Title IX Matters

Jackson Lewis P.C. on

Constitutional due process does not mean a student accused of assault has the right to directly cross-examine his accuser in adjudications under Title IX of the Education Amendments of 1972 at state institutions of higher...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Franczek P.C.

Could Your Campus Be Next to Face a Class Action Challenge to Title IX Outcomes?

Franczek P.C. on

A recent class-action lawsuit filed in Michigan, which seeks to overturn scores of Title IX decisions at Michigan State University, is the first of its kind. The case relies on a 2018 federal court ruling in Michigan that...more

Tucker Arensberg, P.C.

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case

Tucker Arensberg, P.C. on

No “State-Created Danger” In Student-On-Student Sexual Assault and Harassment Case When The School District Took Precautions To Avoid Sexual Assaults - Strobel v. Neshannock Township School District, Civil Action No....more

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