Category Archives: Title IX : News
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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 …
The Supreme Court Ruling on Emotional Distress Under Discrimination Statute and Possible Effects on Title IX Cases
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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 …
Winning the Battle but Losing the War: Student Wins on Contractual Grounds but Court Denies Title IX Claim
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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 …
Education Secretary Betsy DeVos Proposing New Title IX Sexual Misconduct Regulations
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News reports indicate that U.S. Secretary of Education Betsy DeVos is preparing to propose a set of regulations regarding sexual misconduct complaints under Title IX of the Education Amendments of 1972. While the New York Times received a copy of what appears to be the proposed rules, a spokesperson for the Education Department claimed the …
More Colleges and Universities Are Using an “Informal Process” In Handling Sexual Assault Allegations: The Pros and Cons
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In past years, college students wishing to report sexual assault had two primary options: go to the police or file a formal complaint with the applicable department of their school’s administration. Upon filing a complaint, students would then have to go through an in-depth investigation process and often a formal hearing to resolve the matter. …