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ACLU’s Challenge to the New Title IX Rule

On May 14, 2020, the ACLU filed suit on behalf of four organizations, challenging the new Title IX Rule issued by the Department of Education on May 6. The lawsuit takes issue with the new Rule’s disparity between its treatment of sex discrimination on the one hand, and race, national origin, and disability discrimination

First Thoughts on the New Title IX Regulations

May 7, 2020

Yesterday, the Department of Education released their finalized version of the new Title IX Regulations. Some current thoughts:

This is not a sprint. This is an ultramarathon.

We have seen this phenomenon in the Title IX world previously.

Notes on OCR’s Annual Report

April 20, 2020

In March of 2020, the Assistant Secretary for Civil Rights issued the Department of Education’s Office for Civil Rights Annual Report to the Secretary, the President and the Congress. This report summarizes OCR actions for the Fiscal Years 2017-2018 and the numerous

What Effort is “Enough” by Institutions in the 6th Circuit to Avoid “Deliberate Indifference”?

March 18, 2020

Last week, the 6th Circuit Court of Appeals decided the case of Foster v. The University of Michigan, No. 19-1314 (6th Cir. March 11, 2020). In this case, Foster was repeatedly sexually harassed by the respondent. The University of Michigan put a no-contact order in place, but the respondent made

Title IX in a COVID-19 World

March 12, 2020

As colleges and universities are quickly deciding to move to online platforms for courses due to the outbreak of COVID-19, it is imperative to have a fresh look at the jurisdiction language of your code of conduct and Title IX/Sexual Misconduct Policy. The students and employees