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Articles Posted in Title IX

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Court Dismisses Male Student’s Title IX Discrimination and Retaliation Claims

A Title IX discrimination case by a student accused of a Title IX violation can be difficult to prove.  A male student recently had his Title IX claims against his Illinois university dismissed. He was accused of sexual assault and the university imposed interim restrictions pending the investigation.  While the…

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Alleged Victim’s Title IX Claim Arising from Disciplinary Proceeding Against Her Dismissed

University sexual misconduct policies can reach a broad range of actions.  A female student recently sued her former university after it charged her with violations of the Code of Conduct for what occurred after she was allegedly drugged and sexually assaulted. According to the court’s order, which recited the facts…

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U.S. Supreme Court Denies Partial Stays of Title IX Injunctions

The U.S. Supreme Court has denied the government’s emergency applications for partial stays of the preliminary injunctions against the new Title IX Final Rule while the appeals are pending in the Fifth and Sixth Circuits.  The preliminary injunctions are not nationwide, but apply only to the plaintiffs. The government argued…

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Two Federal Courts Issue Preliminary Injunctions Against Title IX Final Rule in Certain States

Two federal courts have granted preliminary injunctions enjoining the Department of Education (“Department”) from implementing or enforcing the new Final Rule, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance in certain states. The States of Louisiana, Mississippi, Montana, and Idaho filed suit in…

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2024 Title IX Final Rule

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…

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Washington Supreme Court Addresses Students’ Due Process Rights in Disciplinary Actions

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…

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Title IX Final Rule on Sex-Based Discrimination Submitted for OIRA Review

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…

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Court Denies Preliminary Injunction and Temporary Restraining Order for Title IX Suspension

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…

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