Although the preamble to the new Title IX regulations states the regulations do not apply retroactively, a Temporary Restraining Order issued by a New York federal court recently raised questions about retroactive application. The court has recently rendered a much more detailed opinion on the issue of a preliminary injunction…
The Family Educational Rights and Privacy Act (“FERPA”) protects the privacy of “education records.” FERPA does, however, allow a college or university to disclose to the alleged victim the final results of a disciplinary proceeding related to a crime of violence or a nonforcible sex offense. FERPA further states that…
Colleges and universities have experienced pressure from multiple sources to address sexual assault issues. Unfortunately, in some cases, they have responded in ways that deny a fair process to the accused student. A recent case shows that a university’s actions in response to such pressure may support a Title IX…
A federal court has denied a preliminary injunction to stop or delay the implementation of the new Title IX regulations. The court found the plaintiffs had not established that they are likely to succeed on their claims or to suffer substantial irreparable harm. The plaintiffs argued the K-12 grievance process…
The new Title IX regulations will afford students accused of sexual harassment or sexual misconduct some due process protections. Those regulations are being challenged, and even when they take effect, schools may not fully follow them. Students in Washington State who are not aware of their rights may waive them…
After much anticipation, the Department of Education (the Department) has finally released its final rule addressing how schools receiving federal financial assistance must respond to sexual harassment allegations. The Department has expressed an intention to provide a fair process to both complainants and respondents. These regulations put in place requirements…
Title IX disciplinary hearings can result in severe consequences for a student accused of sexual misconduct. In the past few years, accused students have been challenging Title IX procedures. In a recent case, a student of a private university in Kentucky (the University) sought injunctive relief to delay a disciplinary…
Sex-based discrimination is prohibited in education programs and activities that receive federal financial assistance pursuant to Title IX of the Education Amendments of 1972. Discrimination based on sex includes sexual harassment, sexual violence, and gender based harassment. Although the focus of Title IX has generally been on post-secondary education, Title…
Many recent Title IX cases filed by students accused of sexual assault or sexual misconduct have focused on procedural issues, such as denial of an opportunity to cross-examine the accuser. In some cases, however, the pressures to address allegations and support alleged victims may result in gender bias against accused…
The public often hears about due process violations in schools and universities after an accused student files a Title IX claim in federal court. It is important to remember, though, that there may be an internal appeals process as well as an opportunity to appeal to Washington state court when…