We are excited to announce distinguished Title IX attorney Felice Duffy has joined the national Title IX powerhouse law firm of Nesenoff & Miltenberg LLP.

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Category Archives: Student Rights

High Number of Comments on Proposed New Title IX Regs Cause Biden Administration to Delay Release of Final Rules

Last summer, at about the time Title IX proponents were celebrating the 50th anniversary of the landmark legislation, the Biden Administration released their eagerly-anticipated proposals for revising Title IX regulations that had been sharply adjusted during the Trump Administration in 2020. During the next three months, the Department of Education accepted comments on the proposals. …

Recent OCR Guidance Regarding Athletics Does Not Address Sexual Orientation or Gender Identity

For those who are anxiously waiting to find out the current legal standing of LGBTQIA+ students who feel thwarted in their efforts to participate in college athletics, the new Title IX athletics guidance issued recently by the U.S. Department of Education’s Office for Civil Rights (OCR) is a disappointment. While the guidance can prompt educational …

DeVos Rescinds Numerous Documents Relating to the Rights of Disabled Students

On October 2nd, the Department of Education and Secretary Betsy DeVos made yet another announcement that raised concerns among many disability advocacy groups across the United States. The Department stated it was rescinding 72 different guidance documents relating to the rights of disabled students under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation …

ELECTRONIC COMMUNICATIONS AND SOCIAL MEDIA POSTS AS EVIDENCE IN COLLEGE INVESTIGATIONS

A key part of a Title IX or College Conduct Code violation investigation is the gathering and presentation of evidence. Compared to previous decades, electronic evidence from digital devices and social media are now being collected and used during these investigations. Your cellphone is constantly aware of your specific location and social media posts can …

Problems With Eyewitness Identification In School Investigations

In campus investigations regarding Title IX or other college conduct code violations, eyewitness testimony is often a key type of evidence collected. People tend to give eyewitness accounts a significant amount of weight, especially if an eyewitness to a wrongdoing later identifies the accused as the person they saw committing the crime. This is problematic, …