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Category Archives: Title IX

Do I Need to Worry About the Proposed New Rules if I’m Facing a Title IX Complaint?

| Felice Duffy | College Code Violations, Title IX

Rules for filing and handling Title IX complaints have shifted drastically in recent years, and they are set to change yet again. The key question is just when those changes are coming. The Biden Administration issued proposed new rules in June of 2022 on the 50th anniversary of Title IX. They accepted comments and expected …

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Texas Lawsuit Challenges Title IX Policies Protecting Transgender Students

| Felice Duffy | Student Rights, Title IX

In the nation’s deeply-divided political climate, many of the policies of the Biden Administration do not sit well with the government of the State of Texas. The 50th lawsuit filed by the State of Texas against the Biden Administration challenges the Administration’s interpretation of Title IX with respect to transgender students. Ken Paxton, Attorney General …

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California Court Says There’s No Right to Cross-Examine Accusers in Title IX Cases

| Felice Duffy | Title IX

Not long after Connecticut’s highest court emphasized the problems caused by the lack of opportunity to meaningfully cross-examine adverse witnesses in a Title IX case, the highest court in California has reached a somewhat different conclusion. In Boermeester v. Carry, the California Supreme Court reversed a lower court ruling and declared that private universities are …

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Will My Professors Know That I Have Been Accused of a Title IX Violation?

| Felice Duffy | Title IX

Allegations of Title IX violations—particularly those involving sexual violence—trigger a chain of events that can change the course of your life. The prospect is terrifying. It is also embarrassing. We often have a tendency to assume that people are telling the truth, so when someone makes an accusation in the court of public opinion, the …

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Can You Be Jailed for a Title IX Violation?

| Felice Duffy | Title IX

Title IX is a short legislative provision with a long reach. Specifically, Title IX of the Education Amendments of 1972 states that no person in an educational program receiving federal assistance should be subjected to discrimination on the basis of sex. The definition of discrimination has expanded through regulations, judicial opinions, and agency guidance so …

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