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Notice of Proposed Rulemaking Reaches Final Step Before Publication

February 22, 2022

On February 17, 2022, the proposed Title IX regulations were submitted for a final agency review before publication.  The Department of Education announced that the new Title IX rule had been formally submitted to the Office of Information and Regulatory Affairs, where OIRA will review the proposed rule for potential costs and

Virginia Military Institute Not Required to Give Complainants Immunity for Substance Use

February 17, 2022

Last month, the Virginia House of Delegates declined to advance a bill that would grant immunity to survivors of assault at Virginia Military Institute (VMI). As a result, VMI is the only college in Virginia that is not required to give complainant’s immunity to students who report sexual

NCAA’s Sexual Violence Reporting Obligations

February 10, 2022

After the NCAA decided not to reprimand Baylor University for mishandling multiple sexual assault claims in 2016, the collegiate community urged the NCAA to update its policies on sexual violence prevention. In 2021, the NCAA Board of Governors updated its Campus Sexual Violence Policy to require all member schools to

Religious Freedom versus Religious Exemption

February 3, 2022

Since the Department of Education announced the expansion of Title IX to include discrimination based on gender identity, many plaintiffs are challenging Title IX’s “religious exemption.” This exemption shields educational institutions that are “controlled by a religious organization” from Title IX if enforcing it would be inconsistent with the school’s “religious

Fifty Years of Title IX

January 27, 2022

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program or activity receiving Federal financial assistance."

These words that make up Title IX are often seen as the means by