The Department of Education has finally released the final rule on Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (“Final Rule”). The Final Rule makes significant changes to the Title IX regulations that were previously amended under the Trump administration in 2020. The…
The Washington Supreme Court has recently decided a case involving school discipline. A Washington public school student filed suit after being suspended and not allowed to return to in-person school after the suspension was over. The Court noted that students facing suspension are entitled to due process because they have…
The Department of Education submitted the “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance” final rule to the Office of Information and Regulatory Affairs (“OIRA”) for review on February 2, 2024, according to a government website. The final rule is expected to undo…
A student pursuing a claim against their school based on disciplinary action arising from a Title IX complaint may also seek a temporary restraining order or injunction to stop a suspension or expulsion while their case is pending. A student recently sought to enjoin a suspension. The medical student filed…
The Sixth Circuit recently determined a school can be liable in a Title IX case for not responding to social media activity by students. A Nashville, Tennessee, high school student filed suit against the public school system, alleging it was deliberately indifferent to harassment related to her sexual assault and…
Representative Lisa McClain, Chairwoman of the Subcommittee on Health Care and Financial Services, and Representative Virginia Foxx, Chairwoman of the Committee on Education and the Workforce, recently initiated an investigation into the Department of Education’s proposed Title IX regulations. Their November 16, 2023, letter to Department of Education Secretary Miguel…
The Family Educational Rights and Privacy Act (“FERPA”) is a federal law that protects education records. FERPA generally prohibits a school or university from disclosing a student’s personally identifiable information in their education record without prior consent. Recently, a university refused to disclose records related to its prior sexual misconduct…
Much of the Title IX litigation brought by students accused of sexual misconduct occurs at the post-secondary level, but a male student recently sued his former high school after being expelled. The plaintiff was a student at an all-boys private high school in Nebraska. According to the Eighth Circuit’s opinion,…
A student at a private university in New York recently filed suit against the university due to its alleged failure to accommodate his disability during a Title IX investigation. According to the complaint, the plaintiff enrolled in the university through a program for intellectually and developmentally disabled students (“Program”). The…
A Title IX complaint can result in severe consequences, including loss of scholarships and dismissal from school. A former student recently sued his military college after he was expelled for alleged sexual misconduct. The plaintiff, identified in the unpublished Fourth Circuit opinion as John Doe, was a student at a…