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Implementation Day Arrived, For Some. What’s Next?

On the morning of August 1, 2024, Title IX experts from TNG Consulting and ATIXA participated in a webinar hosted by the Department of Education (ED) regarding the 2024 Title IX Rule. During the session, U.S. Secretary of...more

Tip of the Week: Case Management Standard 1 – Define Case Management

NABITA membership has more than doubled over the past couple of years. To orient new members seeking to implement the NABITA Case Management Standards and Best Practices, and to provide long-standing members an opportunity to...more

Rice University Loses Summary Judgment on Title IX Lawsuit

Doe v. Rice University, No. 21-20555, 2023 WL 3373316 (5th Cir. 2023) - Rice University (“the University”) investigated and suspended Doe, an undergraduate student-athlete, first for failing to disclose his herpes...more

OCR Finds Book Ban Created Hostile Environment Under Title IX and Title VI

On May 19, 2023, the Department of Education’s Office for Civil Rights (OCR) entered into a resolution agreement (“Agreement”) with Forsyth County Schools (“District”) in Georgia. The Agreement resolved a complaint that the...more

Supporting Retention Efforts: Title IX & BIT Syllabus Statements

Following significant enrollment declines during the COVID-19 pandemic, many institutions are renewing their focus on student retention. One common obstacle stems from students’ lack of awareness of support resources. In the...more

Preparing to Transition to an Interim Title IX Coordinator

Title IX Coordinators are just like everyone else. They take leaves of absence for health-related reasons or family matters. They may accept a promotion or a new role elsewhere. They get burned out by the work or burned by...more

Too Speculative: Court Dismisses Suit to Write Transgender Athletes out of the Record Books

Soule v. Connecticut Association of Schools, 21-1365-cv (2d Cir., December 16, 2022) Four cisgender Connecticut high school track student-athletes(“Plaintiffs”) sued the Connecticut Interscholastic Athletic Conference...more

Federal Court says Title IX Covers Off-Campus Sexual Assault after University System Granted Multiple Transfers for Serial...

Federal Court says Title IX Covers Off-Campus Sexual Assault after University System Granted Multiple Transfers for Serial Offender - Doe v. Board of Supervisors of the University of Louisiana System...more

Federal Appeals Court OKs Expulsion for High Schoolers’ Instagram Posts

The School Board expelled two students, Epple and Chen, after their violent and racist Instagram posts about classmates circulated around their high school. The students challenged the school board’s ability to discipline...more

11th Circuit Breaks with Other Appeals Courts, Upholds K-12 Sex-Based Bathroom Policy

Adams v. School Board of St. John’s County, 3:17-cv-00739, 2022 WL 18003879 (11th Cir. 2022) Adams, a transgender boy, sued the board of his Florida school district (“the School Board”) after his high school prohibited...more

1.4.23 Tip of the Week: Emergency Funds

Throughout the country, students continue to face challenges meeting their basic needs. In response, many institutions have identified existing basic needs resources in the community or, conversely, developed their own...more

When Suspension Is Not Enough! OCR Addresses Discrimination on the Basis of Jewish Heritage

SUMMARY OF FACTS - On August 23, 2022, the Office for Civil Rights (“OCR”) entered into a resolution agreement with Kyrene School District (“the District”) in Tempe, Arizona. OCR investigated whether the District failed...more

Snyder-Hill vs. Ohio State - ATIXA

Snyder-Hill v. Ohio State University, Nos. 21-3981/3991, (6th Cir., September 14, 2022). Between 1978 and 1998, an Ohio State University (“the University”) team doctor and faculty member sexually abused student-athletes...more

Racial Bias in Student Discipline - OCR Resolution Agreement with Victor Valley Union High School District

SUMMARY OF FACTS - The U.S. Department of Education’s Office for Civil Rights (“OCR”) opened a compliance review of California’s Victor Valley Union High School District (“the District”) in August 2014 to examine whether...more

Federal Court Allows “Official Policy” Claim Based on Pre-Harassment Inaction

Vander Pas, a former undergraduate and graduate student at the University of Wisconsin-Whitewater (UWW), reported repeated sexual harassment by the husband (“Hill”) of a senior member of the University’s leadership. Vander...more

Federal Court Grants Injunction Permitting Transgender Student to Play Softball Despite Indiana State Law

A.M., by her mother and next friend, E.M. v. Indianapolis Public Schools, No: 1:22-cv-01075-JMS-DLP; Federal District Court, Southern District of Indiana - A.M. is a 10-year-old transgender girl and a rising fifth grader...more

OCR Issues Title IX Resolution Letter to School District for Failing to Address Harassment of Transgender Student

On June 23, 2022, the Department of Education’s Office for Civil Rights (OCR) issued a resolution letter (“Letter”) to Tamalpais Union School District (“the District”) upon completion of its investigation into a Title IX...more

Appeals Court Eases Title IX Deliberate Indifference Standard for Universities in Faculty-Student Reports

Wamer v. University of Toledo, 27 F.4th 461; United States Court of Appeals, Sixth Circuit; March 2, 2022 Jaycee Wamer, a University of Toledo (“University”) undergraduate student, reported unwelcomed sexual advances and...more

Prior Non-Compliance Opens Door for District Liability in the Present

Jane Doe and Sally Doe, students at separate high schools, each sued the Metropolitan Nashville Public Schools (MNPS) for Title IX violations. They alleged that they had each experienced sexual harassment at school, with...more

Conducting Initial Assessments in K-12 Schools Under Title IX

A challenging aspect of the Title IX Coordinator’s role is performing initial assessments. The initial assessment takes place after an individual submits a report or a Formal Complaint, when the Title IX Coordinator...more

U.S. Supreme Court Seems Likely to Review “One Free Rape Rule” Under Title IX

The Supreme Court regularly hears petitions for certiorari, which is the formal term for its decision to accept cases. The court only “grants cert” in about one percent of cases each year. In May, the U.S. Supreme Court...more

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

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

Federal Judge Permits Suit from Parents Challenging School’s Assumption of Consent in Title IX Incident Involving Students with...

A 16-year-old female student, with significant cognitive impairments and the mental capacity of a six-year-old, alleged sexual assault by another student. The school deemed the behavior consensual and did not investigate the...more

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