The Title IX & Conduct Code Blog
Nesenoff & Miltenberg, LLP
DeVos Rescinds Numerous Documents Relating to the Rights of Disabled Students
| Andrew Miltenberg | Student Rights

On October 2nd, the Department of Education and Secretary Betsy DeVos made yet another announcement that raised concerns among many disability advocacy groups across the United States. The Department stated it was rescinding 72 different guidance documents relating to the rights of disabled students under the Individuals with Disabilities Education Act (IDEA) and the Rehabilitation …
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The Science Behind Memory of Sexual Assault Trauma
| Andrew Miltenberg | Title IX, Title IX : Sexual Assault/Misconduct

In the 2018 Senate Judiciary hearings that ultimately led to the confirmation of Supreme Court Justice Brett Kavanaugh, much speculation revolved around the memories Dr. Christine Blasey Ford. Dr. Ford accused Kavanaugh of sexual assault at a high school gathering more than 30 years ago. She could not recall certain details, such as what time …
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Education Secretary Betsy DeVos Proposing New Title IX Sexual Misconduct Regulations
| Andrew Miltenberg | Title IX : News

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 …
Mandatory Reporting in Compliance with Title IX
| Andrew Miltenberg | Title IX

The recent controversy regarding Ohio State University (OSU)’s head football coach raises many questions regarding mandatory reporting requirements by certain college and university employees under Title IX of the Education Amendments of 1972 and under school sexual misconduct policies. Title IX obligates institutions to promptly, thoroughly, and equitably investigate any reports of sex-based discrimination. This …
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Female Professors Can Also Face Accusations of Title IX Violations
| Andrew Miltenberg | Title IX : Sexual Assault/Misconduct

When many people think of Title IX complaints, they likely think of accusations against a male college student, coach, or professor for harassing, assaulting, or otherwise discriminating against female students. However, the law protects students of all genders from misconduct by others of all genders. Forms of alleged discrimination can occur between members of the …
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