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Category Archives: Title IX

What if Your Title IX Case is Still Pending Over the Summer?

| Author: Nesenoff & Miltenberg, LLP | Title IX

Whether you are the respondent accused of a Title IX violation or a complainant pursuing a Title IX complaint to enforce your rights on campus, the process is nerve-wracking and painful. While you want to do everything possible to achieve the right outcome, you also really want the case to be over so you can …

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Why Consent is Such a Difficult Issue in Title IX Cases

| Author: Nesenoff & Miltenberg, LLP | Title IX

While Title IX cases involving athletic participation often capture headlines, most Title IX cases in recent years have involved allegations of sexual assault and other forms of sexual misconduct. Many of those cases hinge on the issue of consent. But just because a case can be narrowed down to a pivotal issue does not mean …

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New Federal Anti-Hazing Law Establishes Obligations for Schools—What Does it Mean for Students?

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

The vast majority of states in the U.S.—44–have passed criminal statutes outlawing hazing activities on school campuses. At first glance, it might seem that when federal lawmakers passed a new anti-hazing law, it might be similar to the state laws in application and bring uniformity to the prosecution of hazing offenses. However, the new law …

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Understanding What Constitutes Sexual Harassment Under Title IX in 2025

| Author: Nesenoff & Miltenberg, LLP | Title IX, Title IX: Sexual Harassment

The revisions to the Title IX regulatory scheme that were proposed in 2022 and released in 2024 changed the definition of sexual harassment in several critical ways. Sexual harassment is a form of sexual discrimination prohibited by Title IX and the source of most of the complaints filed by students, faculty, and staff on college …

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Using Digital Evidence in a Title IX Case

| Author: Nesenoff & Miltenberg, LLP | Title IX

When someone files a formal Title IX complaint against a student or member of the faculty or staff on a college campus, that usually triggers a formal investigation and adjudication process. If the allegations turn out to be serious, such as when a student is accused of sexual assault, a great deal of attention may …

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