Topic: Title IX

Making Different Choices: Navigating University Grievance Procedures Under Title IX in MOORE v. TEMPLE UNIVERSITY

A recent decision by the United States Court of Appeals for the Third Circuit in Moore v. Temple University serves as a cautionary lesson for those seeking to pursue an action under Title IX of the Education Amendments of 1972.  More specifically, the Third Circuit affirmed the trial court’s entry of summary judgment in favor…

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I Meant What I Said: Transgender Student Rights In Connecticut In The Face Of The Latest Federal Court Developments

As we have previously written, the United States Departments of Education and Justice issued joint guidance for school districts regarding transgender students via a May 13, 2016 “Dear Colleague Letter.” This guidance was based on their interpretation of Title IX of the Education Amendments of 1972, which is a federal law prohibiting gender-based discrimination in…

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Half-Baked: Phillips Exeter, Sexual Assault, And A Recipe For Disaster

Considered one of the country’s most elite prep schools, Phillips Exeter Academy has recently joined the queue of prestigious private schools who have been accused of having ignored, suppressed, or minimized claims of sexual assault. A recent investigation by The Boston Globe’s Spotlight Team focused particular attention on a case in which a female student…

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G.G. v. Gloucester County School Board – A Tipping Point on Transgender Student Access Issues?

Have we reached a judicial tipping point on transgender student bathroom and locker room access issues? Perhaps we have. On April 19, 2016, the Fourth Circuit Court of Appeals – the federal circuit court with jurisdiction over appeals originating from the federal district courts in Maryland, North Carolina, South Carolina, Virginia and West Virginia –…

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Out of Bounds: Title IX, Off-Campus Conduct, and Yeasin V. University of Kansas

The Kansas Court of Appeals’ decision in Yeasin v. University of Kansas, stands for the proposition that educational institutions must act with both precision and foresight when delineating their disciplinary authority. Of greater interest, Yeasin addresses, at least implicitly, the question of whether Title IX requires colleges and universities to address gender discrimination that occurs…

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Making Bad Choices: TITLE IX, TITLE VII AND LUDLOW V. NORTHWESTERN UNIVERSITY

A prior post  considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding that he had gotten Ha, a freshman, too intoxicated to offer “meaningful consent” and had then made inappropriate sexual advances.  Surprisingly, despite…

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The Importance Of A Title IX Coordinator

On April 24, 2015, the United States Department of Education’s Office of Civil Rights issued a new “Dear Colleague” letter concerning Title IX, along with a separate letter to Title IX coordinators and a Title IX Resource Guide.  These documents will be of interest to all school districts, colleges and universities receiving federal funds and…

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The Ends Justify The Means: Ha v. Northwestern University and Responding to Sexual Harassment Under Title IX

The recent decision in Ha v. Northwestern University,   reiterates the leeway educational institutions have under Title IX when crafting a response to claims of sexual harassment.  The plaintiff in Ha alleged that in February 2012, when she was a freshman, a professor, Peter Ludlow, sexually assaulted her at his off-campus apartment after he had “caused her…

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Wells v. Xavier University: Investigating Campus Sexual Assaults and The Perils of Predetermination Under Title IX

The recent wave of Title IX complaints filed with the United States Department of Education’s Office for Civil Rights [“OCR”], claiming that colleges and universities were either ignoring or mishandling reports of sexual assaults has underscored the importance of implementing effective student sexual harassment policies and procedures. At the same time, the recent case of…

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