In Executive Order 14021, President Biden stated a policy of guaranteeing students “an educational environment free from discrimination on the basis of sex. . .” and instructed the Secretary of Education to review existing regulations and other policy documents within 100 days from the date of the order. The executive…
A federal court has dismissed a female plaintiff’s claims against a university in an unusual Title IX case. According to the court’s opinion, a male student, “John Doe,” first alleged the plaintiff, “Jane Doe,” committed sexual assault against him. The plaintiff subsequently alleged he had committed sexual assault against her. …
President Biden issued an executive order requiring the review of regulations, guidance and other documents related to Title IX investigations. The order proclaims a policy of the administration that students be guaranteed freedom from sex-based discrimination, including sexual harassment, in the educational environment. The executive order requires the Secretary of…
Allegations of Title IX violations against a student in Washington can have complicated investigations. According to an article from the Associated Press, a professional football player recently filed a Title IX suit against the university he previously attended arising from an investigation and disciplinary action. According to the plaintiff’s complaint…
Allegations of Title IX violations against a student in Washington can have far-reaching consequences. As an example, in a recent case, a male student sought to enjoin his medical school from enforcing an expulsion for allegedly misrepresenting the results of a Title IX allegation in an application to the university’s…
Title IX law is currently in a state of flux. New regulations went into effect in 2020 significantly increasing due process protections for students accused of Title IX violations. The president-elect, however, has reportedly expressed an intention to change those regulations. Courts have also played a part in the changes…
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…