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Author Archives: Nesenoff & Miltenberg, LLP

The Potential Impact of Abolishing the Department of Education

| Author: Nesenoff & Miltenberg, LLP | Student Rights, Title IX

Although not yet completely abolished, the U.S. Department of Education will be stripped of much of its authority during the coming weeks of the Trump administration. How will that impact the rights and opportunities of students? As lawyers for college students who have focused our practice on enforcing rights provided to students, faculty, and staff …

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What is Title VI, and How Does it Apply to Free Speech Rights on Campus?

| Author: Nesenoff & Miltenberg, LLP | Student Rights, Title VI

Schools, particularly colleges and universities, are designed to be places of learning where students acquire knowledge and develop their capacity for critical thinking. However, they are also supposed to be welcoming and safe environments where all students are respected. Numerous laws are in place to protect the safety and well-being of students, faculty, and staff …

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New Federal Anti-Hazing Law Establishes Obligations for Schools—What Does it Mean for Students?

| Author: Nesenoff & Miltenberg, LLP | Student Rights, Title IX

The vast majority of states in the U.S.—44–have passed criminal statutes outlawing hazing activities on school campuses. At first glance, it might seem that when federal lawmakers passed a new anti-hazing law, it might be similar to the state laws in application and bring uniformity to the prosecution of hazing offenses. However, the new law …

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Understanding What Constitutes Sexual Harassment Under Title IX in 2025

| Author: Nesenoff & Miltenberg, LLP | Title IX, Title IX: Sexual Harassment

The revisions to the Title IX regulatory scheme that were proposed in 2022 and released in 2024 changed the definition of sexual harassment in several critical ways. Sexual harassment is a form of sexual discrimination prohibited by Title IX and the source of most of the complaints filed by students, faculty, and staff on college …

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Using Digital Evidence in a Title IX Case

| Author: Nesenoff & Miltenberg, LLP | Title IX

When someone files a formal Title IX complaint against a student or member of the faculty or staff on a college campus, that usually triggers a formal investigation and adjudication process. If the allegations turn out to be serious, such as when a student is accused of sexual assault, a great deal of attention may …

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