The Title IX & Conduct Code Blog
Nesenoff & Miltenberg, LLP
Evolving Changes in the Department of Education: How Will They Affect Title IX Cases in 2026?
| Nesenoff & Miltenberg, LLP | Title IX
2025 began with a flurry of executive orders and guidance that changed the direction of Title IX policies. However, some of the most significant uncertainties regarding the future of Title IX centered on the announcement that the Department of Education would be dismantled and its functions distributed to other federal departments. In March, Executive Order …
Contract Cheating: When Does Academic Support Provide Grounds for Disciplinary Action?
| Nesenoff & Miltenberg, LLP | Student Rights
Academic support is encouraged and even demanded in many educational settings. At all stages of the learning process, from kindergarten through college, students who are struggling are urged to seek tutoring, consult outside resources, and seek assistance from professionals who can help them meet expected standards. But there is sometimes a fine line between educational …
Understanding Procedural and Substantive Due Process Rights on Campus
| Nesenoff & Miltenberg, LLP | Title IX
The right to due process is widely recognized but not well understood. Broadly, the concept ensures that those accused of wrongdoing are treated fairly before a penalty is imposed. But due process looks vastly different in various situations. Moreover, there are two distinct types of due process: procedural due process, which ensures that certain rules …
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When Professors are Accused of Bias-Motivated Conduct
| Nesenoff & Miltenberg, LLP | Student Rights
Expectations about the college environment are becoming increasingly contradictory. On the one hand, college is a place where students are expected to broaden their horizons, learn new concepts, and learn to think critically. On the other hand, students are told that college should be a safe environment where they feel supported and protected. And increasingly, …
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Transgender Athletes in Minnesota: The Conflict and Uncertainty Continues
| Nesenoff & Miltenberg, LLP | Title IX
The recent ruling from the Minnesota Supreme Court in Cooper v. USA Powerlifting is being hailed as a huge victory for the rights of transgender athletes and a slap in the face to the Trump administration, which has been threatening to pull federal funding from schools in the state unless the state revises its policy …
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