News & Analysis as of

Title IX Appeals Educational Institutions

Spilman Thomas & Battle, PLLC

WV Transgender School Athlete Successful in U.S.Court

On April 16, 2024, the U.S. Court of Appeals for the Fourth Circuit determined that because West Virginia law and practice have long provided for sex-differentiated sports teams, the sole purpose of the West Virginia "Save...more

Bricker Graydon LLP

[Webinar] Level 2: Title IX Appeals Officer Training (Higher Education Title IX Series) - February 19th - 20th, 2:00 pm - 5:00 pm...

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Bricker Graydon’s Higher Education Team is pleased to announce a Winter 2024 series of Title IX trainings, all available virtually via webinar. All training events use discussions of hypothetical situations to encourage...more

Verrill

Connecticut Supreme Court Opinion Sheds Light on Quasi-Judicial Standard in Context of University Disciplinary Proceeding

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Recently, the Connecticut Supreme Court analyzed the availability of absolute immunity for participants in quasi-judicial proceedings, specifically in relation to the dismissal of a complaint by a Yale University student...more

Franczek P.C.

Third Circuit Finds that Deliberate Indifference to Third-Party Conduct May Lead to Title IX Liability

Franczek P.C. on

In January, the U.S. Court of Appeals for the Third Circuit affirmed that Title IX provides adequate notice to federal funding recipients of their responsibility to respond to known sexual harassment if they have control over...more

White and Williams LLP

Third Circuit finds Liability Under Title IX for Actions of Non-Students

Title IX of the Education Amendments Act of 1972 (Title IX) provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to...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 - 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 for Summer and Fall 2020, all available via online webcast. All training events use discussions of hypothetical situations to...more

Dechert LLP

Eighth Circuit Joins Other Courts of Appeals in Holding that Allegations of Substantive Error in University Sexual Assault...

Dechert LLP on

Last month, in two separate OnPoints we highlighted decisions of the Sixth Circuit and Ninth Circuit that reversed the dismissal of Title IX claims challenging university sexual assault disciplinary proceedings and their...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - August 31st, 9:00 am - 5:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings for Summer and Fall 2020, all available via online webcast. All training events use discussions of hypothetical situations to...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - August 12th, 9:00 am - 5:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings for Summer 2020, all available via online webcast. All training events use small-group discussion to encourage engagement with the...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - July 10th, 9:00 am - 5:00 pm EST

Bricker Graydon LLP on

Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings for Summer 2020, all available via online webcast. All training events use small-group discussion to encourage engagement with the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Sheds Light on Standard for Title IX Deliberate Indifference Claims

On December 12, 2019, the United States Court of Appeals for the Sixth Circuit held that a sexual misconduct complainant’s fear of further contact with the respondent was not enough to support a claim against the university...more

Troutman Pepper

A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Holland & Knight LLP on

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

FordHarrison

"Here We Go Again": Transgender Bathroom Dispute Headed Back to the Fourth Circuit

FordHarrison on

The protracted case of Gavin Grimm is set to be heard once again by the United States Court of Appeals for the Fourth Circuit. ...more

Seyfarth Shaw LLP

Tenth Circuit Leaves Unresolved When Off-Campus Social Media Posts Can Subject Students to Discipline

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Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Yeasin v. Durham, No. 16-3367, 2018 WL 300553 (10th Cir. Jan. 5, 2018), addresses the “tension between some students’ free-speech rights...more

FordHarrison

Seventh Circuit Affirms Summary Judgment for Employer in Title VII and Title IX Retaliation Case

FordHarrison on

Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer...more

Littler

Third Circuit Permits Teaching Hospital Resident to Bring Retaliation Suit under Title IX

Littler on

For the first time, the Third Circuit Court of Appeals found that Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., applies to medical residency programs. Relying on extensive Supreme Court precedent and...more

Ballard Spahr LLP

Medical Residents Can Sue Under Title IX, Third Circuit Holds

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit recently revived a medical resident's harassment and retaliation claims against Mercy Catholic Medical Center, finding that the hospital is subject to Title IX. The Third...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

Holland & Knight LLP

Title IX Implications of the O'Bannon Decision

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The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX). In the...more

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