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Author Archives: Nesenoff & Miltenberg, LLP

Fourth Circuit Establishes Due Process Right to Cross-Examination in University Disciplinary Hearings- Jacob Doe v. UNC, et al.

| Author: Nesenoff & Miltenberg, LLP | Title IX, Title IX : News

In a lawsuit brought by Nesenoff & Miltenberg, LLP on behalf of a male student against the University of North Carolina and several of its administrators, the Fourth Circuit recently established a due process right to cross-examination in the university disciplinary context. The plaintiff, Jacob Doe, a former student of the University of North Carolina …

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What is the Title IX Special Investigations Team?

| Author: Nesenoff & Miltenberg, LLP | Title IX

The Trump administration recently announced the launch of a “Title IX Special Investigations Team.” Given the flurry of declarations and the push to follow through on campaign promises, it can be challenging to ascertain the effect an initiative like this will have. Title IX enforcement has been fraught with uncertainty in the past 12+ months, …

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Title IX and NIL: Where Do We Stand Now?

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

Last fall, the settlement proposed to put an end to the antitrust cases against the NCAA and college conferences with respect to student-athlete compensation raised big questions about revenue sharing arrangements for student-athletes and whether Title IX would apply to those arrangements. At the time, the Department of Education unofficially said that schools would need …

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Effects of the Elimination of DEI Initiatives on Title IX Enforcement

| Author: Nesenoff & Miltenberg, LLP | Title IX

When the Department of Education issued guidance in the form of a “Dear Colleague” letter instructing colleges and universities to essentially dismantle their Diversity, Equity, and Inclusion (DEI) initiatives, the focus of the document was on race-based preferences. However, the offices and programs that support DEI goals also often work in conjunction with staff focused …

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Court Ruling Effectively Makes 2024 Title IX Regulations Unenforceable Throughout the Country

| Author: Nesenoff & Miltenberg, LLP | Title IX, Title IX : News

The Biden Administration’s “Final Rule” on Title IX has essentially been vacated nationwide by a recent court decision, leaving the status of Title IX issues uncertain in many places around the country. The regulatory changes–which took most of the Administration’s four-year term to develop and implement—were subject to preliminary injunctions in many jurisdictions soon after …

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