Higher Education Report

Higher Education Report

Tag Archives: Title IX

Federal Appeals Court Rules That Transgender Student Can Use Restroom of Choice

Posted in Higher Education, Transgender
Perhaps lost in the media stories about the so-called “bathroom wars” is the emotional toll that they have taken on individuals whose lives are directly impacted by the controversy. While both sides have fiercely advocated the social and emotional import at the core of the dispute, courts have struggled to find a uniform answer to:… 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

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

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

A Review of New York’s Proposed Sexual Violence Legislation – Part 4: Climate Surveys, Training and Implementation

Posted in Higher Education, Sexual Violence
In this, our last, post on New York’s proposed sexual violence legislation, we focus briefly on three remaining aspects of the bill: climate surveys, training and implementation. Campus Surveys The legislation requires institutions to conduct a campus climate survey and to conduct such a survey “no less than every other year.” This particular section would… Continue Reading

A Review of New York’s Proposed Sexual Violence Legislation: Part 2 – Minimum “Sentencing” Requirement

Posted in Clery Act, Higher Education
In this installment of our continuing analysis of the Governor’s “Enough is Enough” proposed sexual violence legislation, we turn to the minimum penalties for offenders that the bill would require. The bill, if passed as written, would mandate that colleges and universities include the following provision in their sexual misconduct policy: “For students found responsible… Continue Reading

Recently Enacted Legislation Requires New York Institutions to Report Violent Felonies and Missing Students

Posted in Campus Safety
Governor Cuomo has signed into law amendments to New York’s Campus Safety Act requiring institutions to notify law enforcement within 24 hours after receipt of a report of a violent felony or a report that a student residing in institutional housing is missing. Under prior law, such reporting was not required. Instead, institutions were obligated… 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

Confidentiality and Title IX

Posted in Discrimination, Students, Title IV
In OCR’s April 2011 Dear Colleague Letter, OCR referenced a covered institution’s obligations in the face of knowledge of sexual harassment/misconduct and a victim’s request for confidentiality and/or that the institution not act on the report, but did not provide particularly helpful guidance on how an institution is to balance those competing concerns.  Its recent… 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

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

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