In the 2020 election campaign, then-candidate Joe Biden promised voters that he would bring a “quick end” to the Title IX regulations promulgated under the Trump administration. He is reported as saying in May of 2020 that the rules allowed colleges to “ignore sexual violence and strip survivors of their rights.” It now seems like …

Continue reading "Amid Growing Political Pressure, the Biden Administration Delays the Release of Title IX Regulation Yet Again"

It’s been more than a year since the U.S. Supreme Court ruled in Cummings v. Premier Rehab Keller P.L.L.C. that victims of intentional discrimination on the basis of a disability cannot recover damages for emotional pain and suffering from entities that receive federal funding. The holding effectively bars the recovery of emotional distress damages under …

Continue reading "The Supreme Court Ruling on Emotional Distress Under Discrimination Statute and Possible Effects on Title IX Cases"

A nursing student who was mistreated by her school won $1.7 million in damages in a lawsuit against the school. But this win feels like a loss in many ways for Title IX advocates. Not only did the court reject the student’s efforts to assert her Title IX rights, but they may also have established …

Continue reading "Winning the Battle but Losing the War: Student Wins on Contractual Grounds but Court Denies Title IX Claim"