The Title IX & Conduct Code Blog
Nesenoff & Miltenberg, LLP
Can You Be Jailed for a Title IX Violation?
| Andrew Miltenberg | 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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Court Says Students Can Be Sued for Defamation Based on Statements Made During Title IX Investigation
| Andrew Miltenberg | Title IX
In a move that dismayed victims’ rights organizations and gratified some free-speech civil liberties organizations, the Connecticut Supreme Court ruled that a student was not immune from defamation proceedings based on statements she made during the course of a Title IX disciplinary proceeding at Yale University. Writing for the Court, Justice Raheem L. Mullins observed …
What Should You Do If You Believe You Were Wrongfully Terminated After a Title IX Accusation?
| Andrew Miltenberg | Title IX, Title IX : Employment
Title IX protects students, faculty, staff, and professors in most educational institutions from discrimination based on sex. As part of the regime, Title IX provisions prohibit institutions from retaliating against employees who file a claim or participate in the Title IX investigation. Losing a job is one of the most extreme forms of retaliation, although …
Is the Definition of Sexual Assault Different Under Title IX than Under Criminal Law?
| Andrew Miltenberg | Title IX : Sexual Assault/Misconduct
Being accused of sexual assault is a serious matter in any circumstances. However, students facing sexual assault allegations in a Title IX campus proceeding often assume the situation is not as serious as it would be if they had been charged with a crime by police. This is an incorrect assumption for many reasons, including …
Pregnancy-Related Discrimination – Guidance on Title IX Applications
| Andrew Miltenberg | Title IX, Title IX : Employment
While Title IX regulations have made it illegal to discriminate on the basis of pregnancy and related conditions since 1975, educational institutions still need reminders about their responsibilities under the law. That is the basic premise behind a fact source issued by the Department of Education’s Office for Civil Rights on pregnancy-related discrimination. This guidance …
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