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
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
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
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
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
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
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
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
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
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
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
In an apparent reversal of a Memorandum issued late in the term of the prior administration, the U.S. Department of Education has issued an interpretation of Title IX, emphasizing that the law prohibits discrimination based...more
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
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
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
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
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
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
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
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
It’s unlikely that online threats could be immediate threats to physical health or safety, unless the threatening individual is in close physical proximity to those being threatened, or the threat is pretty detailed and...more
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
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
Late last week, with no apparent public discussion, the Department of Education (the “Department”) withdrew a number of Office for Civil Rights (“OCR”) guidance documents relating to Title IX in the wake of the new Title IX...more
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