Total Articles: 20
Jackson Lewis P.C. • August 25, 2019
To assist collegiate sports administrators in assessing emerging Title IX issues, we are pleased to provide the fall 2019 issue of the Title IX Alert. This publication highlights topical issues such as proposed regulations, coaching obligations, and prominent court cases, among others.
Jackson Lewis P.C. • August 18, 2019
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 education, the federal appeals court in Boston has held. Haidak v. University of Massachusetts-Amherst, No. 18-1248 (1st Cir. Aug. 6, 2019).
Jackson Lewis P.C. • February 05, 2019
While college, universities and educational professionals await the Department of Education’s (DOE) proposed new Title IX regulations, which will dictate a revised process by which allegations of sexual misconduct must be handled, the state legislatures in Missouri and Arizona are currently considering legislation that would adopt many of Secretary DeVos’s anticipated regulatory modifications.
Jackson Lewis P.C. • January 23, 2019
Dr. Bernice Sandler, a prominent activist for gender equality, passed away on January 5, 2019, at the age of 90. Dr. Sandler is well known for her efforts to increase gender equality in education. She was also a vital figure in the development and implementation of Title IX of the Education Amendments of 1972.
Hirsch Roberts Weinstein LLP • November 25, 2018
On November 16, 2018, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published proposed rules, which “clarify and modify Title IX regulatory requirements” for colleges and universities that receive federal funding. This alert, written by HRW's Higher Education Team, describes the key terms and requirements of the proposed rules.
Jackson Lewis P.C. • November 18, 2018
On Friday, November 16, 2018, the Department of Education (DOE) released proposed Title IX regulations dictating the process by which colleges and universities must handle allegations of sexual misconduct.
Jackson Lewis P.C. • September 19, 2018
The Department of Education (DOE) reportedly has drafted proposed Title IX regulations on sexual misconduct on college and university campuses. Although the Department has yet to officially publish the proposed regulations, on August 29, 2018, The New York Times reported on the unofficial draft. The draft, which subsequently began to circulate on the internet, provides a preview of what the official proposed regulations may include.
Littler Mendelson, P.C. • September 12, 2018
In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the presence of a neutral fact-finder in cases hinging on the credibility of such witnesses. Doe v. Baum, et al., Case No. 17-2213 (6th Cir. Sept. 7, 2018). By affirming that these rights apply in Title IX cases, the Doe decision calls into question the single-investigator model used by many educational institutions and suggests that institutions subject to Title IX in the Sixth Circuit may need to reconsider their Title IX policies and procedures in light of this ruling.
Littler Mendelson, P.C. • March 13, 2018
The U.S. Court of Appeals for the Sixth Circuit's recent decision in Doe v. Miami University, No. 17-3396, 2018 WL 797451 (6th Cir. Feb. 9, 2018), provides both comfort and caution for universities facing claims of discrimination or bias in the conduct of their disciplinary proceedings relating to sexual misconduct.
Littler Mendelson, P.C. • September 28, 2017
On September 22, 2017, the U.S. Department of Education (DOE) rescinded its April 4, 2011 Dear Colleague Letter regarding sexual assault and its April 29, 2014 Questions and Answers on Title IX and Sexual Violence.1 This is the fourth time the DOE has rescinded guidance regarding Title IX in 2017.2
Nexsen Pruet • September 26, 2017
On Friday, U.S. Department of Education’s Acting Assistant Secretary for Civil Rights, Candice Jackson, withdrew the “Dear Colleague Letter on Sexual Violence,” dated April 4, 2011, and the “Questions and Answers on Title IX and Sexual Violence,” dated April 29, 2014.
Goldberg Segalla LLP • September 26, 2017
On September 22, 2017, the United States Department of Education issued new interim guidance applicable to colleges, universities, and school districts pertaining to Title IX and the process for handling allegations of sexual misconduct. This follows United States Secretary of Education Betsy DeVos’ earlier indication that the Department of Education would be rescinding the Obama-era Title IX guidance in favor of developing new regulations on the subject after accepting comments from the public. The new interim document, in the form of a “Q&A on Campus Sexual Misconduct,” takes effect immediately, but does not affect any existing resolution agreements between schools and the Office for Civil Rights (OCR).
Ogletree Deakins • September 24, 2017
On Friday, September 22, 2017, when the Trump administration announced that it was rescinding Obama-era Title IX sexual assault guidance and issuing a new question and answer document while undertaking a formal review, most assumed it meant the previous Questions and Answers on Title IX and Sexual Violence issued by the U.S. Department of Education on April 29, 2014, had been rescinded. However, many hoped the April 2011 “Dear Colleague” letter (DCL), which set forth requirements that schools investigate and address sexual assault and sexual misconduct, would at least survive in part. However, except for provisions enshrined in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act), as amended, the press release issued by the Department of Education made it clear that both the April 2014 guidance and the April 2011 DCL had been withdrawn. The press release stated that the department will instead rely on its 2001 Revised Sexual Harassment Guidance, as well as the DCL on Sexual Harassment issued on January 25, 2006.
Jackson Lewis P.C. • September 08, 2017
The Trump Administration believes that Obama-era guidance regarding sexual assault on college campuses created a “failed system” that was a “disservice to everyone involved,” Department of Education Secretary Betsy DeVos said on September 7, 2017. According to DeVos, “There must be a better way forward.”
Nexsen Pruet • May 03, 2017
Candice Jackson has been named Deputy Assistant Secretary in the Office for Civil Rights. Jackson will also serve as Acting Assistant Secretary until that position is filled.
Nexsen Pruet • April 05, 2017
In late February, the Department of Education Office for Civil Rights (“OCR”) entered into a Resolution Agreement with the University of Alaska System related to a compliance review initiated by OCR to investigate the System’s handling of sexual harassment complaints. The OCR determined that the System, which includes its three largest hubs – University of Alaska Anchorage, University of Alaska Fairbanks, and University of Alaska Southeast and their satellite campuses, was in violation of Title IX with regard to its responses to sexual harassment complaints. Of particular note, the terms of the Resolution Agreement include a requirement for the System to designate a senior Title IX administrator, in addition to the Title IX coordinators at each university, to oversee System-wide compliance with the requirements of Title IX.
Littler Mendelson, P.C. • March 20, 2017
For the first time, the Third Circuit Court of Appeals found that Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., applies to medical residency programs.1
Jackson Lewis P.C. • November 17, 2015
An Illinois school district has violated anti-discrimination laws by not allowing a transgender student who identifies as female and is on her high school’s girls’ sports team to change and shower in the girls’ locker room, the United States Department of Education Office of Civil Rights (“OCR”) has held.
Fisher Phillips • September 06, 2007
A former women's volleyball coach at Fresno State University was awarded what is believed to be the largest ever jury award in a Title IX retaliation case, receiving over $5.8 million dollars – almost $2 million more than her lawyers had even asked for. This case is a startling reminder to all educational institutions of the importance of compliance with Title IX, and more importantly, highlights some pitfalls that can lead to such a large verdict. Vivas v. Fresno State University.
Fisher Phillips • September 06, 2007
Title IX of the Education Amendments of 1972 is best known in the realm of college athletics – it requires that women be provided an equal opportunity with men to play sports; that female athletes receive athletic scholarship dollars proportional to their participation in athletics; and, that there be equitable quality of men's and women's athletic programs.