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Universities Retaliation Educational Institutions

Seyfarth Shaw LLP

In the Zone: Third Circuit Expands Title IX’s “Zone of Interests”

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On May 29, 2025, the U.S. Court of Appeals for the Third Circuit held in Oldham v. Pennsylvania State Univ., No. 22-2056 (3d Cir. May 29, 2025) that Title IX may allow for claims by non-students and non-employees. In the...more

Clark Hill PLC

In the Zone: Third Circuit Clarifies Reach of Title IX

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On May 29, 2025, in Oldham v. Pa. State University, the Third Circuit Court of Appeals held that the “zone of interest” test applies to Title IX claims. See No. 22-2056, 2025 WL 1524452 (3d Cir. 2025). The plaintiff, Jennifer...more

Quarles & Brady LLP

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

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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

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Title IX Does Not Allow Employment Discrimination Claims

In a break from other federal appeals courts, the Eleventh Circuit ruled last week that Title IX does not provide school district and university employees with a private right of action to file sex-based discrimination...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

2024 Title IX Regulation Update, Part IV: Miscellaneous Provisions

This is part four of a series examining the most topical changes applicable to higher education contained in the new Title IX regulations released by the U.S. Department of Education on April 19, 2024. Changes applicable only...more

Alston & Bird

Lessons Higher Education Can Learn from Recent First Amendment Litigation

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Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students....more

Venable LLP

Between a Rock and a Hard Place: The Legal Debate Over Preferred Pronoun Usage in the Classroom Continues with Institutions of...

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In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...more

TNG Consulting

Title IX Deliberate Indifference Claims Based on Post-Notice Retaliation Allegations Survive Dismissal

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A student at Ohio University, Plaintiff (Doe) reported that another student (Smith) sexually assaulted her while she was intoxicated and unable to consent. Throughout the investigation process, Plaintiff alleged significant...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

Mintz - Sports Entertainment Viewpoints

New Law Gives Student-Athletes Mandatory Whistleblower Protections

In the aftermath of concerns on student-athlete safety following the death of a Maryland football player during conditioning drills last year, new legislation takes aim by providing protections on the right of college...more

Fisher Phillips

Tennis Coach Wins First Set In Gender Bias Match Against University

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It goes without saying that federally funded educational institutions cannot discriminate on the basis of gender. Some federal courts believe Title IX is the proper statute upon which to base employment discrimination claims,...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

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Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

FordHarrison

Seventh Circuit Affirms Summary Judgment for Employer in Title VII and Title IX Retaliation Case

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Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer...more

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