The Title IX & Conduct Code Blog
Nesenoff & Miltenberg, LLP
Will Changes in FBI Reporting Systems Change Title IX Interpretations?
| Nesenoff & Miltenberg, LLP | Title IX
Over the past year, the focus on actions by the U.S. Department of Education and judicial interpretations has dominated news coverage of Title IX. However, a change in a different regulatory realm may affect Title IX interpretation and has been underreported. The change involves the definition of sexual assault, which is the subject of a …
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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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