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Category Archives: Student Affairs

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New York Institutions: Governor Reportedly to Order Comprehensive “Enough is Enough” Compliance Audit

Posted in Higher Education, Student Affairs, Title IX
Apparently prompted by allegations from students and advocates, New York Governor Andrew Cuomo is reportedly directing an audit, to be conducted by representatives from the New York State Department of Education, Department of Health, Office of Victim Services and State Police, of institutions’ compliance with Education Law Article 129-B, the so-called “Enough is Enough” campus… Continue Reading

Supreme Court Will Review Fourth Circuit Decision in Transgender Student’s Rights Case

Posted in Discrimination, Student Affairs, Title IX
On October 28, 2016 the United States Supreme Court agreed to review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. This case is about whether a Virginia School Board’s policy limiting students’ bathroom access to facilities that correspond to students’ biological gender is discriminatory. The case was brought by the ACLU, on… Continue Reading

Fourth Circuit Decides Case on Transgender Students’ Rights

Posted in Higher Education, Student Affairs, Title IX
On April 19, 2016, the Fourth Circuit Court of Appeals issued a decision addressing transgender and gender nonconforming students. In G.G. v. Gloucester County School Board the Fourth Court was presented with the question of whether Title IX requires that schools allow transgender students to have access to restrooms consistent with their gender identities. The… Continue Reading

Enough is Enough Becomes Law

Posted in Sexual Assault, Sexual Violence, Student Affairs, Title IX
As expected, New York Governor Andrew M. Cuomo signed the “Enough is Enough” legislation into law on July 7, 2015.  As a result, the majority of the legislation’s provisions imposing obligations on colleges and universities will become effective 90 days from that date, on October 5, 2015.  Of course, institutions can, and likely will want to,… Continue Reading

MIT 2014 Community Attitudes on Sexual Assault

Posted in Higher Education, Sexual Assault, Student Affairs
In the Spring of 2014, MIT launched a survey of all of its undergraduate and graduate students (just under 11,000), related to issues of student sexual assault.  More than 3,800 undergraduate and graduate students responded, or about 35% of the institution’s total student population.  (This 35% consisted of 46% of surveyed undergraduate females, 35% of… Continue Reading

Sexual Assault on Campus: President Obama Weighs In

Posted in Student Affairs, Student Discipline, Title IX
With students, faculty and other groups increasingly vocal about institutional responses to campus rape and sexual assault, President Obama has announced the creation of The White House Task Force on Protecting Students from Sexual Assault.  The group will include cabinet level leaders and US Attorney General Eric Holder. Under Title IX, colleges and universities are… Continue Reading

Got Lawyers? Virginia Seeks to Follow North Carolina in Requiring Institutions to Allow Attorney Advocacy in Campus Disciplinary Proceedings

Posted in Higher Education, Student Affairs, Student Discipline, Title IX
Following the lead of North Carolina last year, members of the Virginia legislature have  become the latest to propose legislation to provide students at public colleges and universities the right to attorney representation in on-campus disciplinary proceedings. With narrow exceptions generally arising only at public institutions (e.g., in circumstances where a student faces parallel criminal… Continue Reading

Navigating the Uncertain Waters of Suicidal Students on Campus

Posted in Disability, Discrimination, Student Affairs
Inside Higher Ed recently reported a situation involving Western Michigan University (WMU).  According to published reports, WMU placed a suicidal student on involuntary medical leave.  The student appealed his dismissal and filed a complaint with the Office for Civil Rights (“OCR”).  The student was readmitted, but he later committed suicide in his apartment, where he… Continue Reading

Sexual Assault Cases on Campus – The Rise of Claims from the Accused

Posted in Discrimination, Risk Management, Student Affairs, Title IX
In the past three years, there has been considerable activity on the Title IX/Sexual Assault legal front.  We have all read about the increase in claims  brought by victims against their institutions through the complaint procedures of the U.S. Department of Education’s Office for Civil Rights.  There have been well publicized resolution agreements reached between OCR… Continue Reading

Cautionary Tale for Public Institutions – Document Your Disciplinary Decisions

Posted in Student Affairs, Student Discipline
The recent case of Boyd v. State University of New York at Cortland (2013 WL 5640959 3d Dept. 2013) demonstrates the importance of properly documenting decisions reached during student disciplinary proceedings.  This Article 78 proceeding arose out of the dismissal of the petitioner, a student at SUNY Cortland, following a disciplinary hearing where it was… Continue Reading

Another Roadmap to Title IX Compliance: The SUNY/OCR Resolution Agreement

Posted in Discrimination, Employment, Student Affairs
At the end of last week, the U. S. Department of Education announced that its Office for Civil Rights (“OCR”) had entered into a Resolution Agreement with the State University of New York (“SUNY”) dealing with Title IX compliance issues.  Significantly, the Agreement arose out of an OCR initiated investigation and was not based on… Continue Reading

Enforcing Disclosure Requirements in the Admissions Process

Posted in Admissions, Student Affairs
Many colleges and universities require applicants to provide information on arrests and convictions as part of the application process.  A recent case, Matter of Powers v. St. John’s University School of Law, illustrates just how costly it can be for the applicant to be less than completely forthcoming. The St. John’s University School of Law,… Continue Reading