The Title IX & Conduct Code Blog
Nesenoff & Miltenberg, LLP
Does Title IX Include Harassment?
| Andrew Miltenberg | Title IX
In 1972, the U.S. government enacted new laws to protect equal opportunities in education by prohibiting discrimination based on sex. These laws and associated regulations and interpretations are generally all referred to under the heading of Title IX. The language of Title IX directly refers to discrimination but makes no mention of harassment. However, interpretations …
Title IX No-Contact Orders: Here’s What You Need to Know
| Andrew Miltenberg | Title IX, Title IX : Sexual Assault/Misconduct
A No-Contact Order—which a Title IX lawyer will often refer to as an “NCO”—is commonly issued by colleges after someone has made a complaint of sexual assault or harassment. The complaint initiates a lengthy Title IX investigation and other processes that usually take considerable time to resolve. This means that an NCO can be in …
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Are Title IX Complaints Public?
| Andrew Miltenberg | Title IX
Title IX complaints can be difficult and anxiety-inducing for the complainant and the respondent in any case, and many fears surrounding the Title IX process at a college or university involve concerns about confidentiality. Parties in the case want to know if their names can be released in an ongoing Title IX investigation, or after …
How Private Are My Educational Records?
| Andrew Miltenberg | College Code Violations
If you’re 18 years of age and enrolled at a college or university, there are five things you need to know about your records. 1. What is FERPA? The Family Educational Rights and Privacy Act is the federal law that protects the privacy of student education records. All educational institutions that receive federal funding must …
Formal vs. Informal Complaints
| Andrew Miltenberg | Title IX
Sex discrimination, including sexual harassment, can destroy a person’s ability to access educational opportunities. Title IX of the Education Amendments of 1972 is a federal law that provides critically important legal protections against this type of discrimination. Among other things, the law requires all schools that receive any form of federal financial assistance to administer …