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Category Archives: Title IX

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N.Y. Education Law Article 129-B Notice of Audit Issued to New York Colleges and Universities

Posted in Higher Education, Sexual Assault, Sexual Violence, Student Affairs, Title IX
Many institutions are reporting receipt of a letter dated June 26, 2017 from the New York Office of Campus Safety with an attached Notice of Audit (“Notice”) pursuant to New York Education Law Article 129-B (N.Y. Educ. Law §§ 6439–6449). The Notice seeks data submissions relating to the provision of Article 129-B and it includes… Continue Reading

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

United States District Court Enjoins Enforcement of Dear Colleague Letter on Transgender Students; Decision May Impact OCR Guidance on Sexual Violence

Posted in Sexual Assault, Sexual Violence, Title IX
On August 21, 2016, in a case entitled State of Texas et al. v. United States of America et al ., Judge Reed O’Connor of the United States District Court for the Northern District of Texas issued a nationwide preliminary injunction prohibiting the United States government (specifically, the Office for Civil Rights of the Department of… Continue Reading

Highlights of New York State Guidance on N.Y. Education Law Article 129-B

Posted in Higher Education, Title IX
On June 2, 2016, the New York State Education Department and the New York State Office of Campus Safety published a 52-page joint guidance document (“Guidance”) on New York Education Law Article 129-B (“the Law”), also often referred to as “Enough is Enough.” The Guidance is helpful in that it clarifies previously opaque points in… 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

New York State to Pass Sexual Misconduct Legislation

Posted in Higher Education, Title IX
Governor Andrew Cuomo announced that he and State Legislative Leaders have reached an agreement regarding new sexual misconduct legislation. It may be recalled that several months ago, the Governor’s office proposed and publicly promoted a sexual misconduct bill, many provisions of which we analyzed here. The new bill addresses several questions and concerns raised by… Continue Reading

OCR Issues Title IX Coordinator Resource Guide

Posted in Higher Education, Title IX
On April 24, the Department of Education’s Office for Civil Rights (“OCR”) issued new materials on Title IX. The materials include a Dear Colleague Letter to educational institutions, a letter to Title IX Coordinators and a Title IX resource guide. While the new documents are almost entirely a restatement of OCR’s previous pronouncements, there are a… Continue Reading

A Review of New York’s Proposed Sexual Violence Legislation – Part 3: Notice of Victim’s Rights

Posted in Campus Safety, Clery Act, Sexual Assault, Title IX
New York’s proposed legislation contains extensive provisions dealing with victims’ rights. Specifically, Section 6442 of the legislation requires adoption of a Victim and Survivor Bill of Rights that provides for the right to: 1. Make a report to local law enforcement and/or State Police 2. Have disclosures of sexual violence treated seriously 3. Make a… Continue Reading

Harvard and OCR Enter into a Resolution Agreement – More Guidance for the Rest of Us

Posted in Discrimination, Students, Title IX
In the closing weeks of 2014, OCR announced its findings with respect to Harvard Law School’s Title IX compliance, as well as a resolution agreement which subjects the Law School, and the University, to monitoring for at least the next three years.  As just one indication of how complicated it has become to comply with… Continue Reading

Responsible Employees and Title IX

Posted in Discrimination, Students, Title IX, Uncategorized
Under Title IX, the concept of “responsible employee” has a great deal of significance, as recently reaffirmed by OCR in its Questions and Answers on Title IX and Sexual Violence (Q&A), and previously reported in this blog. OCR deems an institution to have notice of student-on-student sexual harassment and/or misconduct if a “responsible employee” knew, or… Continue Reading

The Assault on Sexual Assault Continues – On Both the Federal and State Levels

Posted in Discrimination, Students, Title IX
As reported last week, The White House Task Force To Protect Students From Sexual Assault issued its first report.  Simultaneously, OCR issued Q&As on Title IX obligations and related documents to help guide institutions and to reinforce the government’s interest in pushing colleges and universities to better respond to campus sexual assaults.  The effort to protect… Continue Reading

Report of the White House Task Force to Protect Students from Sexual Assault

Posted in Discrimination, Sexual Assault, Students, Title IX
Today the White House issued the “first” report from its task force on sexual assault.  The Report provides a number of recommendations for colleges and universities and is a “must read” for any administrator charged with any aspect of Title IX compliance. Among the items addressed in the Report are the following: Campus Climate Surveys. … 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

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