Holland & Knight previously explained how injunctions issued in many states blocked enforcement of 2024 Title IX regulations in those states (a list that eventually grew to 26 states) and how a Kansas federal district court's...more
Holland & Knight previously explained how a Kansas federal district court's unique injunction against the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations impacted schools nationwide....more
A federal district court in Kansas enjoined the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations in a unique manner that impacts educational institutions nationwide. The decision...more
7/19/2024
/ Department of Labor (DOL) ,
Educational Institutions ,
Enforcement ,
Gender Identity ,
Pending Litigation ,
Preliminary Injunctions ,
Public Schools ,
Sexual Harassment ,
State Attorneys General ,
Title IX ,
Transgender
The U.S. Department of Education's Office for Civil Rights (OCR) published on April 6, 2023, a Notice of Proposed Rulemaking (NPRM) about sex-related criteria used to limit or deny a student's ability to participate in...more
4/24/2023
/ Biden Administration ,
College Athletes ,
Colleges ,
Department of Education ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
Multi-Factor Test ,
NCAA ,
NPRM ,
OCR ,
Public Schools ,
Sports ,
Student Athletes ,
Students ,
Title IX ,
Transgender ,
Universities
Signed into law back in January 2021, the state's landmark Campus Sexual Violence Act (Act) took effect Aug. 1, 2021, and new regulations from the Massachusetts Department of Higher Education (DHE) will take effect Aug. 13....more
8/12/2021
/ Clery Act ,
Colleges ,
Educational Institutions ,
Governor Baker ,
Memorandum of Understanding ,
New Legislation ,
Reporting Requirements ,
Sexual Assault ,
Sexual Violence Policies ,
Students ,
Title IX ,
Training Requirements ,
Universities
Massachusetts Gov. Charlie Baker signed on Jan. 12, 2021, landmark legislation addressing sexual violence on college and university campuses. The new law is the state's version of Title IX, the federal law prohibiting sex...more
1/18/2021
/ Clery Act ,
Colleges ,
Educational Institutions ,
Gender-Based Violence ,
Governor Baker ,
New Legislation ,
Preemption ,
Sexual Assault ,
Sexual Violence Policies ,
Title IX ,
Universities
• The U.S. Department of Education (Department) on Nov. 16, 2018 proposed sweeping changes to the regulations implementing Title IX, the federal law prohibiting sexual harassment and sex discrimination.
• The newly...more
11/20/2018
/ Colleges ,
Comment Period ,
Cross Examination ,
Department of Education ,
Due Process ,
Educational Institutions ,
Proposed Regulation ,
Public Comment ,
Sex Discrimination ,
Sexual Harassment ,
Standard of Proof ,
Title IX ,
Universities
• The U.S. Department of Education rescinded two major Office for Civil Rights guidance documents interpreting the application of Title IX to reports of sexual misconduct.
• Secretary of Education Betsy DeVos stated that...more
10/9/2017
/ Adjudicatory Process ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Disciplinary Proceedings ,
Interim Rule ,
Investigations ,
New Guidance ,
New Regulations ,
Notice and Comment ,
Notice Requirements ,
Secretary of Education ,
Sexual Assault ,
Sexual Violence Policies ,
Standard of Review ,
Students ,
Title IX ,
Universities
• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses.
• DeVos...more
9/12/2017
/ Colleges ,
Department of Education ,
Due Process ,
Notice and Comment ,
Obama Administration ,
OCR ,
Public Comment ,
Secretary of Education ,
Sexual Assault ,
Sexual Conduct ,
Sexual Harassment ,
Students ,
Title IX ,
Trump Administration ,
Universities
Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more
6/26/2017
/ Bullying ,
Colleges ,
Complaint Procedures ,
Department of Education ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
OCR ,
Rescission ,
Rollbacks ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Stereotyping ,
Students ,
Title IX ,
Transgender ,
Trump Administration ,
Universities
Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more
5/18/2016
/ Dear Colleague Letter ,
Department of Justice (DOJ) ,
Educational Institutions ,
FERPA ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
OCR ,
Reasonable Accommodation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Transgender
The children's rhyme regarding April showers bringing May flowers should be revised to include reference to April also bringing guidance from the U.S. Department of Education's Office for Civil Rights (OCR). For the third...more