Although Florida Governor Ron DeSantis has just signed into law Florida’s state name, image and likeness legislation, Florida U.S. Senator Marco Rubio has introduced proposed federal legislation to address concerns regarding the ever increasing number of states introducing legislation addressing the name, image and likeness rights for student-athletes within their
Article Discussing Title IX And The Workplace.
On May 6, 2020, the U.S. Department of Education released final regulations governing how institutions that receive federal financial assistance covered by Title IX of the Education Amendments of 1972 (Title IX) must respond to allegations of sexual harassment. Notably, in the decades during which the department has been responsible
On May 6, 2020, the Department of Education (DOE) issued its Final Rule adopting amended regulations implementing Title IX of the Education Amendments of 1972 (Title IX).1 The Final Rule enacts sweeping changes to Title IX regulations, much of which was previewed in the notice of proposed rulemaking (NPRM) the
Three female former students who allegedly were sexually assaulted while undergraduates may sue their school for a policy of indifference to reports of sexual misconduct under Title IX of the Education Amendments of 1972, the federal appeals court in San Francisco has ruled. Karasek v. Regents of the Univ. of California, No. 18-15841 (9th Cir. Jan. 30, 2020).
We all know how important it is for responsible employees in educational institutions to report up the chain when they learn of sexual misconduct against a student. But the stakes for noncompliance just grew in Texas, where lawmakers recently passed legislation allowing jail time in addition to institutional penalties for responsible employees who fail to report as required by law. It seems like a good reason for a refresher on the rules for responsible employees and some tips for how to foster compliance at your institution, don’t you think?
Four congresspersons have introduced legislation in the House of Representatives aiming to block the Department of Education’s proposed amendments to the Title IX regulations on how colleges and universities must handle allegations of sexual misconduct from taking effect.
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.
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).
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.
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.
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.
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.
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.
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.
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.