On Monday, September 12, 2022, the U.S. Department of Education closed the two-month comment period for the public to voice their opinions on the proposed changes to Title IX, the federal law that governs how schools supported by federal funding respond to forms of sex discrimination. Over 200,000 comments flooded the U.S. Department of Education
U.S. Department of Education Releases Proposed Changes to 2020 Title IX Regulations
On Thursday, June 23, 2022, the U.S. Department of Education released proposed changes to the Title IX regulations. The release of the amendments marks the 50th anniversary of Title IX, the federal law protecting individuals against sex discrimination in education programs and activities supported by federal funding. The proposed regulations will be open for public
California Supreme Court To Decide Case On Disciplinary Process Owed To Students
On September 16, 2020, the California Supreme Court granted review of Boermeester v. Carry, a case involving the expulsion of student Matthew Boermeester from the University of Southern California (“USC”) for intimate partner violence in violation of USC policy after an investigation and a hearing. The California Supreme Court’s review of the case is
Special Bulletin: Second Court Denies Preliminary Injunction Against New Title IX Regulations; the Compliance Deadline Remains August 14, 2020
In a lawsuit involving sixteen states and the District of Columbia, including California, filed against the U.S. Department of Education challenging the new regulations governing how sexual harassment allegations under Title IX of the Education Amendments of 1972 must be adjudicated, U.S. District Judge Carl J. Nichols denied the States’ request for a delay pending
Governor Brown Vetoes Bill To Codify Into State Law Federal Regulations And Repealed Federal Guidance On Student Sexual Assault
This post was authored by Alysha Stein-Manes and Jenny Denny
On October 15, 2017 Governor Brown vetoed Senate Bill (SB) 169, a bill that would have codified into state law federal Title IX regulations and recently-repealed guidance on sexual assault and sexual violence issued by the U.S. Department of Education’s (ED) Office for Civil Rights
DeVos Calls For Revising Title IX Regulations, Announces Public Comment Period
This post was authored by Laura Schulkind and Jenny Denny
On September 7, 2017, United States Secretary of Education Betsy DeVos spoke at George Mason University Antonin Scalia Law School to discuss problems with the current Title IX enforcement system and identified the need to establish a regulatory framework that better serves all students.
BACKDROP
Sexual Misconduct On Campus – Lessons From Due Process Litigation
One of the most contentious issues in higher education continues to be how to punish and deter student-to-student sexual assault, protect students and assault survivors, and at the same time fully honor the legal rights of all concerned. Title IX of the Education Amendments of 1972 prohibits institutions of higher education from discriminating “on the
U.S. Departments of Justice and Education Issue Significant Guidance Regarding Transgender Students in Schools
This blog post was authored by Kim A. Overdyck.
On May 13, 2016, the U.S. Department of Justice (DOJ) and Department of Education (DOE) issued a “Dear Colleague Letter” and accompanying Examples of Policies and Emerging Practices for Supporting Transgender Students in response to the high volume of questions received regarding civil
The Federal Government Is Not Messing Around When It Comes To Title IX Compliance: What OCR’s University of Virginia Investigation Can Teach Us
Over the past several years, mainstream media has become increasingly fixated on issues of sexual violence on college campuses, with major state universities like the University of Montana, Michigan State University, the University of Virginia (UVA), and the University of California at San Diego receiving the brunt of the attention and corresponding criticism. The
Title IX and Sexual Violence in the Wake of the Failures of the Rolling Stone ‘A Rape on Campus’ Narrative: What All Educational Institutions Need to Know
In recent months, partially in reaction to several investigations initiated by the U.S. Department of Education’s (“DOE”) Office for Civil Rights (“OCR”), the news media has drawn attention to the prevalence of sexual violence on college campuses and scrutinized administrative responses to claims of such violence. The height of this attention arguably came in November