News & Analysis as of

Title IX Appeals Department of Education

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Four More States as Department of Education Appeals Earlier Injunctions

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On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more

Bricker Graydon LLP

Victim Rights Law Center Title IX case appealed; Dear Colleague Letter stands for now

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Earlier this summer, the U.S. District Court for the District of Massachusetts entered a decision vacating the provision in the new Title IX regulations that prohibited decision-makers from considering statements not subject...more

Steptoe & Johnson PLLC

Key Court Decisions Address Issues Concerning the Application of Title IX

Professor’s Classroom Speech Deemed Protected - In a case involving questions regarding the application of Title IX to classroom instruction, the Sixth Circuit Court of Appeals reasoned that a university’s gender-identity...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - March 15th, 9:00 am - 5:00 pm EST

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Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings, all available via online webcast. All training events use discussions of hypothetical situations to encourage engagement with the...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - December 7th, 9:00 am - 5:00 pm EST

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Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings, all available via online webcast. All training events use discussions of hypothetical situations to encourage engagement with the...more

Dechert LLP

Ninth Circuit Adopts “Far Simpler” Standard for Title IX Claims: Student’s Case May Proceed to Discovery When Alleged Facts Raise...

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Key Takeaways - - The Ninth Circuit’s recent decision in Schwake v. Arizona Board of Regents is the latest to highlight the need for fair process in college and university disciplinary proceedings involving sexual...more

Holland & Knight LLP

First Circuit Splits from Sixth Circuit and Education Department on Title IX

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The U.S. Court of Appeals for the First Circuit determined that constitutional due process principles do not require public universities to permit respondents or their advisors to cross-examine complainants in Title IX...more

Holland & Knight LLP

Office for Civil Rights Changes its Complaint Processing Manual Again

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The U.S. Department of Education's Office for Civil Rights (OCR) has revised its Case Processing Manual (commonly referred to as the CPM) yet again. The changes to the CPM, which follow closely behind the Department's release...more

Fisher Phillips

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

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In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more

Seyfarth Shaw LLP

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

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Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

Fisher Phillips

Supreme Court Returns Transgender Bathroom Case to Lower Court

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Today the U.S. Supreme Court announced that it would not entertain arguments in GG v. Gloucester County School Board, a case that would have been the Court’s first significant opportunity to weigh in on gender identity...more

Tucker Arensberg, P.C.

Appeals Court Holds that Title IX Requires Schools to Provide Transgender Students Access to Restrooms Congruent with their Gender...

Tucker Arensberg, P.C. on

G. G. v. Gloucester County School Board, 2016 U.S. App. LEXIS 7026 (4th Cir. Va. Apr. 19, 2016). A three-judge panel of the Court of Appeals for the Fourth Circuit reverses the lower court’s dismissal of a transgender boy’s...more

Seyfarth Shaw LLP

Fourth Circuit Holds that “Sex” Under Title IX Incorporates Gender Identity

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit in a case of first impression held that Title IX entitles transgender students to use the bathroom that matches their gender identity. Though that ruling only discusses Title IX, the...more

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