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Universities Disciplinary Proceedings Educational Institutions

TNG Consulting

When the Academic Year Ends and the Title IX Complaint is Still Open 

TNG Consulting on

As the academic year draws to a close, Title IX practitioners may feel increased pressure to resolve outstanding Title IX complaints before graduation, summer breaks, and other transitions. The Office for Civil Rights (OCR)...more

Quarles & Brady LLP

Prominent Jurist Issues Resounding Statement Supporting University Self-Determination Over Academic and Pedagogical Affairs

Quarles & Brady LLP on

Judge Easterbrook of the Seventh Circuit, one of the most prominent jurists in the country, recently issued a resounding endorsement of universities’ right to determine their own academic affairs. His opinion will have its...more

Miles & Stockbridge P.C.

The Wait is Over: Department of Education Issues Final Title IX Regulations

Schools that have been anxiously awaiting the U.S. Department of Education’s final regulations enforcing and interpreting Title IX need wait no longer. The department issued final regulations last week that will govern sex...more

Pullman & Comley - School Law

Preparing For the Amended Title IX Regulations:  What To Do Now

Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations.  The deadline for releasing the new regulations has been pushed back several times...more

Cranfill Sumner LLP

School District Liability under Title IX – Part 2 Davis v. Monroe County Bd. of Educ.

Cranfill Sumner LLP on

As was mentioned previously, the purpose of this series of articles is to provide an overview regarding the scope of Title IX liability for school districts and the potential damages they face, which continues to evolve...more

Verrill

Connecticut Supreme Court Opinion Sheds Light on Quasi-Judicial Standard in Context of University Disciplinary Proceeding

Verrill on

Recently, the Connecticut Supreme Court analyzed the availability of absolute immunity for participants in quasi-judicial proceedings, specifically in relation to the dismissal of a complaint by a Yale University student...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

Title IX Claim: Selective Enforcement In, Same Decision Maker Rule Out (Part 3)

Bricker Graydon LLP on

This article is the third and final installment in a series on Radwan v. Manuel, a case recently decided by the U.S. Circuit Court for the second Circuit regarding discipline faced by a soccer player at the University of...more

Franczek P.C.

Title IX Refresher Series Part III: Title IX Decision-Maker

Franczek P.C. on

We recently launched a multi-part series where we are providing a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed...more

Bricker Graydon LLP

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

Bricker Graydon LLP on

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

Cohen Seglias Pallas Greenhall & Furman PC

How can I prove I didn’t cheat on an online test?

As a student, the last thing you want to hear is that a professor is accusing you of cheating on an online test or assignment. False accusations of academic dishonesty can have consequences that follow you for the rest of...more

Franczek P.C.

Responding to Bystander and Anonymous Sexual Harassment Complaints

Franczek P.C. on

It’s an all-too-common scenario these days: Students  report sexual misconduct perpetrated against other, often unnamed students. They post anonymously on Instagram. They tape letters to walls or post complaints on bulletin...more

Robinson & Cole LLP

President Directs Department of Education to Begin Dismantling Trump-Era Title IX Sexual Misconduct Regulations

Robinson & Cole LLP on

During the presidential campaign, President Biden indicated that he would revive Obama-era guidance to schools on how to investigate sexual harassment and assault under Title IX, including the 2011 “Dear Colleague Letter”...more

Cohen Seglias Pallas Greenhall & Furman PC

What Disciplinary Proceedings Can Jeopardize Your Education?

Being accused or convicted of a criminal offense can have far-reaching repercussions not only in your private life but in your education as well. Even when you’ve not been accused or convicted of a crime, the idea of...more

TNG Consulting

Adventures in Title IX Advisorland, Part One

TNG Consulting on

Since the 2020 Title IX regulations have taken effect, colleges all across the U.S. are scrambling to find advisors to accompany the parties through the formal resolution process. While many colleges and universities elect to...more

TNG Consulting

Sexual Harassment Policy Drafting Under Title IX: Avoid the Word “Forcible” in Your Sexual Assault Definition

TNG Consulting on

Higher education institutions and schools have spent the summer of 2020 revisiting their sexual harassment and misconduct policies to ensure compliance with the May 2020 Title IX regulations. These efforts have required...more

Cohen Seglias Pallas Greenhall & Furman PC

How will a Biden administration affect Title IX?

College can be a time of freedom and exploration for young people. However, there is also a long-ignored culture of sexual discrimination and harassment that affects many campuses around the country — and, unfortunately,...more

TNG Consulting

Education Programs and Activities Transcend Enrollment, Especially if Marketed as Such

TNG Consulting on

​​​​​​​Doe v. University of Kentucky, No. 19-5126 (6th Cir. 2020) - PROCEDURAL HISTORY:  Doe filed an initial suit against the University of Kentucky (“University”) in October 2015 and subsequently filed multiple...more

Nelson Mullins Riley & Scarborough LLP

Campus Sexual Assault Bill Gains Traction in Massachusetts Legislature

Colleges and universities in the Commonwealth should be aware of legislation that is pending before the Massachusetts Legislature that would require them to implement specific procedures and follow additional reporting...more

Franczek P.C.

For Student Discipline for COVID, Notice and Consistency are Key

Franczek P.C. on

On October 21, 2020, a New York state trial court judge delivered a significant decision involving the enforcement of COVID-19 restrictions in colleges and universities. In the Santonocito v. New York University, the court...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

Franczek P.C.

We’ve Got You Covered: Website and Grievance Procedure Updates Required Today for Title IX Compliance

Franczek P.C. on

Today is the day. After almost two years of thinking about whether the proposed Title IX regulations would go into effect at all, starting today we are operating under the new rules at schools, colleges, and universities...more

Tucker Arensberg, P.C.

What every school district must do to comply WITH THE NEW Title IX Regulations Addressing Sexual Harassment

Tucker Arensberg, P.C. on

On May 6, 2020, the United States Department of Education issued its long-awaited Final Regulations (the “Regulations”) that focus on Title IX protections for victims of sexual misconduct. The new regulations impose a number...more

Bond Schoeneck & King PLLC

Sixth Circuit Loosens Pleading Standard for Title IX Wrongful Outcome Cases

Sexual assaults on college campuses are an issue to be taken seriously. Colleges and universities are well aware of their responsibility under Title IX to address and remediate sexual abuse; but with that responsibility comes...more

Stoel Rives LLP

New Title IX Regs – Six Weeks to Implementation: Complaints

Stoel Rives LLP on

As the Title IX regulation implementation date—August 14, 2020—creeps closer, it’s important to understand the new processes for handling complaints and practical steps to take now to ensure compliance....more

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