June 23, 2022 President Joe Biden's administration released a proposal Thursday that would provide stronger protections against sex and gender discrimination on college campuses, as well as for anyone who claims they were the victim of sexual assault on campus. The changes seek to overhaul a federal rule known as…
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Federal judge William Young of the Federal District Court for Massachusetts indicated he may strike down part of the rule implemented by Education Secretary Betsy DeVos regarding how schools are required to respond to sexual misconduct allegations under Title IX. The regulations implemented August 14, 2020 require universities to allow…
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The new Title IX rules instituted on August 14, 2020 guarantee more due process rights to both the accused and to accusers. Still, colleges and universities that fought the new regulations tooth and nail, wish to keep applying their old rules as long as they can. Recently, the United States…
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Supreme Court Justice Ruth Bader Ginsburg, who died September 18, 2020 at the age of 87, was famous for her staunch feminist support of Title IX rights—including the due process rights that protect the accused and alleged victims alike. The justice, fondly known in pop culture as “Notorious RBG,” has…
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Read the decision: Order to Disclose Campus Advisor Records The US District Court for the Northern District of New York has just ordered Syracuse University to hand over the records of a campus “advisor” who gave procedural advice to the complainant in its Title IX proceedings after the judge found…
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By Jonathan B. Orleans and Michael Thad Allen The first formal changes to Title IX’s implementing regulations in 45 years are here, and they are significant. The federal statute, which prohibits sex discrimination in educational programs receiving federal financial assistance, had its earliest impacts on intercollegiate athletics. But since the…
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Education secretary Betsy DeVos has been in the news again—this time, calling for strengthening Title IX enforcement in K-12 schools as a response to increasing sexual misconduct and harassment allegations in elementary through high schools. DeVos’ office is particularly concerned about claims in which a teacher harassed or assaulted a…
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When issues of gender discrimination arise in the school system, discussion of Title IX isn’t far behind. From athletics to classrooms and across other extracurricular departments, Title IX is a pivotal piece of legislature that protects your right to be free from gender discrimination. Title IX is part of the…
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Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case At the end of June as the dog days of summer began, a three-Judge panel, all women judges of the 7th Circuit Court of Appeals, ruled against Purdue University. The Appeals Court decided in favor of a male…
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As a student at the university level, conduct is as important as academic excellence. While you are on your journey to becoming a professional and an adult, you may have found yourself in a situation that warrants learning more about student misconduct. Unfortunately, situations arise where a student fails to…
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In February, a male swimmer from Fishers, Indiana was allowed to compete in the state swimming championship meet despite three accusations of sexual harassment by female members of his own swim team. At most high schools, boys’ and girls’ swimming teams practice together and compete at the same meets. But…
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Federal Law Gives Your Student the Right to His or Her Student File Be aware of both your rights and their limitations under the Family Educational Rights and Privacy Act (FERPA). If you are familiar with FERPA in the context of grade school and high school, things change in college.…
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Marshall University of West Virginia has settled a lawsuit with a former freshman student who alleged that the university’s Title IX judiciary bungled her complaint of a rape that occurred in her residence hall. A witness, also in the room, corroborated the student’s account that she withdrew consent by repeatedly…
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A study conducted every three years by UCLA’s Higher Education Research Institute shows that professors throughout the United States are deeply concerned about discrimination and bias on campus. At the same time, the HERI survey shows that professors do not believe they are prepared to deal with these kinds of…
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Colleges and universities often walk a fine line when it comes to free speech. Institutes of higher education promote themselves as places where students go to debate and refine ideas and opinions. Ideally, this creates an enriching experience for all involved. But many schools place limits on acceptable discourse in…
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The Attorneys General of 18 states collectively submitted an extensive 72-page comment opposing rules proposed by the Department of Education for Title IX, the federal statute prohibiting discrimination on the basis of sex in education. Led by the Commonwealth of Pennsylvania (Josh Shapiro), California (Xavier Becerra), and New Jersey (Gurbir…
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Allen Law LLC has sued Syracuse University on behalf of a graduate student following his expulsion for alleged sexual misconduct. The plaintiff, referred to anonymously as John Doe, claims the Title IX investigation was biased and that the sanctions imposed were unfair. Filed on Monday, Feb. 12, this is the…
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Connecticut College has a unique Honor Code in which a select group of students disciplines their peers. However, a self-standing quasi-judiciary handles Title IX sexual misconduct violations under a separate system. College enrollment is just over 1,800 students. Despite this small student body, Conn College received 12 reports of rape,…
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Campus judiciaries and campus codes of conduct intervene as never before in the private life of students. Therefore, parents should take the time to review how a school’s policies dictate the handling of misconduct cases. Universities and colleges today operate very differently from how they were run a few decades…
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Arguments over statistics and Title IX are nothing new, but researchers rarely focus on what is effective in preventing sexual assault. Now a recent study by social scientists at Columbia University suggests an effective way to counter sexual assault on campus along with student misconduct policies and Title IX. The…
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Before colleges or universities begin investigating a claim of sexual assault or other misconduct, they typically act to isolate the parties and, ideally, to protect them and the evidence during the investigation. These measures are usually called “interim measures.” Some schools call them “interim actions.” New regulations proposed by the…
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The Office for Civil Rights of the Department of Education released new regulations on November 16, 2018. Many of the new rules will likely increase the reliability of Title IX proceedings and should be welcomed by both the advocates of victims and the advocates for the rights of the accused.…
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The University of Connecticut received 127 reports in 2017 of sexual assault, 67 cases of intimate partner violence, and 15 incidents of stalking. This amounts to 219 claims of Title IX violations. UConn expelled five students for Title IX violations and imposed lesser sanctions on other students. So how does…
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On September 27, 2018, millions of Americans witnessed the testimonies of a man accused of sexual assault, Justice Brett Kavanaugh and his accuser, Dr. Christine Blasey Ford. The proceeding was similar to hearings that take place with increasing frequency at colleges and universities as a result of Title IX investigations.…
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