News & Analysis as of

Colleges Gender-Based Violence Sexual Violence Policies

Sands Anderson PC

The Future of Fines under the Clery Act Post SEC v. Jarkesy

Sands Anderson PC on

This spring, the U.S. Department of Education imposed a staggering $14 million fine against Liberty University, a private university in Lynchburg, Virginia. The DOE fined Liberty for violating the federal Clery Act which...more

Pullman & Comley - School Law

Preparing For the Amended Title IX Regulations:  What To Do Now

Educational institutions are anxiously awaiting the U.S. Department of Education’s issuance of the amended final Title IX regulations.  The deadline for releasing the new regulations has been pushed back several times...more

TNG Consulting

Understanding Training vs. Prevention Education Requirements Under the Title IX Regulations and VAWA

TNG Consulting on

Title IX coordinators in higher education have a lot on their plates when it comes to complying with various federal and state regulations related to sex- and gender-based harassment, discrimination, and violence prevention....more

TNG Consulting

The Implications of Implementation Burdens for Title IX Officers and Students - Part II: Barriers to Student Reporting

TNG Consulting on

Sexual misconduct on college campuses has become more prevalent as well as severe in the past few decades, with significant social, financial, psychological, and educational costs to survivors and institutions (Nightingale...more

Sands Anderson PC

WDVA Holds that Victim and Accused are not “Similarly Situated” in a Title IX Equal Protection Claim

Sands Anderson PC on

In a recent education law decision, the Honorable Norman K. Moon of the Western District of Virginia dismissed the equal protection claims of a plaintiff, the accused, who alleged that under Title IX, he had not been afforded...more

Franczek P.C.

Biden Administration Releases New Proposed Title IX Regulations

Franczek P.C. on

Yesterday, the Biden administration released its highly anticipated proposed Title IX regulations on the 50th anniversary of the passage of Title IX. The Department also released a fact sheet on the draft rule as well as the...more

Franczek P.C.

Celebrating the 50th Anniversary of Title IX

Franczek P.C. on

This week, we celebrate the 50th anniversary of Title IX, the landmark legislation signed into law on June 23 as part of the Education Amendments of 1972. Consisting of a mere 37 words—“No person in the United States shall,...more

Franczek P.C.

VAWA Reauthorized: What Does This Mean for Your School or College?

Franczek P.C. on

In March, President Biden signed into law the Violence against Women Act Reauthorization Act of 2022 (VAWA), which Congress passed as part of the FY22 Omnibus appropriations bill. First passed in 1994 and reauthorized in...more

Quarles & Brady LLP

Prepare Now to Comply with NCAA’s Expanded Campus Sexual Violence Policy

Quarles & Brady LLP on

In August of 2017, the NCAA’s Board of Governors passed a Policy on Campus Sexual Violence (the “Policy”), applicable to all member colleges and universities. Since then, the Board of Governors has expanded the Sexual...more

Franczek P.C.

Title IX Refresher Series Part III: Title IX Decision-Maker

Franczek P.C. on

We recently launched a multi-part series where we are providing a refresher on the key players on the Title IX team under the current 2020 regulations. While we wait for the Biden administration to release their proposed...more

Womble Bond Dickinson

Be Prepared: Strategies to Help Institutions Prepare for the Next (or First) Title IX Hearing

Womble Bond Dickinson on

This is the second article in a series exploring what our Title IX team has learned in the year following the implementation of the 2020 Title IX regulations. Since the new Title IX regulations were released in May of...more

Womble Bond Dickinson

Lessons Learned in the First Year of the 2020 Title IX Regulations

Womble Bond Dickinson on

This time last year, most colleges and universities had just launched new, 2020 regulations-compliant Title IX policy, all while preparing to start a second semester disrupted by a global pandemic. In the year that has...more

Franczek P.C.

Responding to Bystander and Anonymous Sexual Harassment Complaints

Franczek P.C. on

It’s an all-too-common scenario these days: Students  report sexual misconduct perpetrated against other, often unnamed students. They post anonymously on Instagram. They tape letters to walls or post complaints on bulletin...more

TNG Consulting

VAWA Brochure Template

TNG Consulting on

As we continue to recognize Sexual Assault Awareness Month in April, TNG is pleased to provide a complimentary download of the VAWA Brochure Template, intended to help explain your institution's responsibility under Title IX...more

Robinson & Cole LLP

President Directs Department of Education to Begin Dismantling Trump-Era Title IX Sexual Misconduct Regulations

Robinson & Cole LLP on

During the presidential campaign, President Biden indicated that he would revive Obama-era guidance to schools on how to investigate sexual harassment and assault under Title IX, including the 2011 “Dear Colleague Letter”...more

TNG Consulting

Adventures in Title IX Advisorland, Part One

TNG Consulting on

Since the 2020 Title IX regulations have taken effect, colleges all across the U.S. are scrambling to find advisors to accompany the parties through the formal resolution process. While many colleges and universities elect to...more

Holland & Knight LLP

Massachusetts Enacts Landmark Campus Sexual Violence Law

Holland & Knight LLP on

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

TNG Consulting

Sexual Harassment Policy Drafting Under Title IX: Avoid the Word “Forcible” in Your Sexual Assault Definition

TNG Consulting on

Higher education institutions and schools have spent the summer of 2020 revisiting their sexual harassment and misconduct policies to ensure compliance with the May 2020 Title IX regulations. These efforts have required...more

TNG Consulting

The Importance Of Incorporating A Pre-hearing Meeting In The College Formal Resolution Process For Allegations Of Sexual Offenses

TNG Consulting on

The May 2020 Title IX regulations have colleges and universities across the country working diligently to assure their compliance with the new live hearing requirement. One controversial component of the new regulations...more

Nelson Mullins Riley & Scarborough LLP

Campus Sexual Assault Bill Gains Traction in Massachusetts Legislature

Colleges and universities in the Commonwealth should be aware of legislation that is pending before the Massachusetts Legislature that would require them to implement specific procedures and follow additional reporting...more

WilmerHale

Retroactivity and Title IX: Doe v. Rensselaer Polytechnic Institute

WilmerHale on

On October 16, 2020, the Northern District of New York, in Doe v. Rensselaer Polytechnic Institute, enjoined Rensselaer Polytechnic Institute (RPI) from applying its 2018 Sexual Misconduct Policy to a complaint concerning an...more

Franczek P.C.

Critical Elements for a Compliant Title IX Sexual Harassment Procedure

Franczek P.C. on

Well, we’ve made it almost six weeks since the new Title IX Sexual Harassment regulations went into effect. And I’m happy to see that so many of our clients and friends are making good progress with revising and approving...more

Franczek P.C.

We’ve Got You Covered: Website and Grievance Procedure Updates Required Today for Title IX Compliance

Franczek P.C. on

Today is the day. After almost two years of thinking about whether the proposed Title IX regulations would go into effect at all, starting today we are operating under the new rules at schools, colleges, and universities...more

Littler

Court Denies Preliminary Injunction of Title IX Effective Date

Littler on

On June 4, 2020, the Commonwealth of Pennsylvania, along with 17 other states, filed suit against the United States and Betsy DeVos, in her official capacity as Secretary of Education, to prevent implementation of the Title...more

Tucker Arensberg, P.C.

What every school district must do to comply WITH THE NEW Title IX Regulations Addressing Sexual Harassment

Tucker Arensberg, P.C. on

On May 6, 2020, the United States Department of Education issued its long-awaited Final Regulations (the “Regulations”) that focus on Title IX protections for victims of sexual misconduct. The new regulations impose a number...more

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