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Complaint Procedures Sexual Assault

TNG Consulting

Preparing for the 2024 Regs: Death to the Single Investigator Model…Long Live the Single Investigator Model

TNG Consulting on

The “single investigator model” describes a practice by which a single individual investigates allegations of misconduct and the same person also makes the final determination of whether policy was violated. This model became...more

Morgan, Brown & Joy, LLP

President Biden Signs the “Speak Out Act” – Prohibiting Employers from Enforcing Pre-dispute Nondisclosure and Nondisparagement...

Morgan, Brown & Joy, LLP on

On December 7, 2022, just nine months after signing the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, President Biden signed the Speak Out Act (the “Act”). President Biden’s signature on the Speak Out...more

Akerman LLP - HR Defense

Silenced No More: The Speak Out Act Set To Curb Nondisclosure Agreements For Victims Of Sexual Misconduct

Akerman LLP - HR Defense on

Employers who have made use of pre-dispute nondisclosure and nondisparagement agreements will now have to change those practices and reevaluate their existing agreements thanks to the “Speak Out Act” (the “Act”) – a...more

Littler

President Biden Enacts Speak Out Act Curtailing the Use of Pre-Dispute Non-Disclosure and Non-Disparagement Clauses Involving...

Littler on

Amidst the flurry of activity taking place before the end of the 117th U.S. Congress, the House of Representatives quietly passed the Speak Out Act on November 16, 2022, by an overwhelming majority.  The bill previously...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

TNG Consulting

Dismiss or Disregard? Navigating Mandatory Dismissals Under the 2020 Title IX Regulations

TNG Consulting on

The 2020 Title IX Regulations have created a number of interesting brain teasers for legal experts and industry professionals. Ever since the first “leaked” draft of the proposed regulations in summer/fall 2018, the experts...more

Pullman & Comley - School Law

Part III in a Series: Is Your District Prepared to Implement the New Title IX Regulations at the Start of the 2020-2021 School...

The new Title IX regulations (the “Regulations”) proscribe very specific things that must occur whenever a formal complaint of sexual harassment is filed, whether against another student or a staff member.  ...more

Franczek P.C.

A “Sign” of Things to Come: Title IX Coordinators and “Signing” Complaints

Franczek P.C. on

Although some suggest that the Title IX rules issued earlier this month are a boon for schools, colleges, and universities, those of us working to help schools comply with the new rules know that they are anything but a...more

Troutman Pepper

Sixth Circuit Requires Proof of Actual Further Harassment in Title IX Deliberate Indifference Claims

Troutman Pepper on

On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more

McAfee & Taft

Employers may be liable for harassment by a non-employee

McAfee & Taft on

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more

Franczek P.C.

Proposed Title IX Regulations Raise Many Questions, Particularly for K-12 Schools

Franczek P.C. on

On Friday, the U.S. Department of Education issued proposed regulations that its Office for Civil Rights (OCR) would use to investigate complaints against schools under Title IX of the Education Amendments of 1972. Title IX...more

Akin Gump Strauss Hauer & Feld LLP

The Department of Education Issues New Guidance For Title IX Proceedings

On September 22, 2017, the Department of Education’s Office for Civil Rights (the OCR) issued a new Dear Colleague Letter officially withdrawing the April 4, 2011 Dear Colleague Letter on Sexual Violence and the April 29,...more

Franczek P.C.

OCR Changes Investigation Protocols for Civil Rights Complaints

Franczek P.C. on

Candice Jackson, the U.S. Department of Education’s Office for Civil Rights’ Acting Assistant Secretary for Civil Rights, recently provided a “new internal guidance” memorandum to staff that significantly changes the Office...more

Proskauer - Law and the Workplace

“Enough is Enough” – Governor Cuomo Signs Campus Sexual Assault Legislation

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation to combat sexual assault on both public and private college campuses throughout New York. With a few exceptions, the provisions in the law will take...more

Proskauer - Law and the Workplace

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

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