The Title IX & Conduct Code Blog
Nesenoff & Miltenberg, LLP
Why Consent is Such a Difficult Issue in Title IX Cases
| Nesenoff & Miltenberg, LLP | Title IX
While Title IX cases involving athletic participation often capture headlines, most Title IX cases in recent years have involved allegations of sexual assault and other forms of sexual misconduct. Many of those cases hinge on the issue of consent. But just because a case can be narrowed down to a pivotal issue does not mean …
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What is Title VI, and How Does it Apply to Free Speech Rights on Campus?
| Nesenoff & Miltenberg, LLP | Student Rights, Title VI
Schools, particularly colleges and universities, are designed to be places of learning where students acquire knowledge and develop their capacity for critical thinking. However, they are also supposed to be welcoming and safe environments where all students are respected. Numerous laws are in place to protect the safety and well-being of students, faculty, and staff …
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New Federal Anti-Hazing Law Establishes Obligations for Schools—What Does it Mean for Students?
| Nesenoff & Miltenberg, LLP | Student Rights, Title IX
The vast majority of states in the U.S.—44–have passed criminal statutes outlawing hazing activities on school campuses. At first glance, it might seem that when federal lawmakers passed a new anti-hazing law, it might be similar to the state laws in application and bring uniformity to the prosecution of hazing offenses. However, the new law …
Understanding What Constitutes Sexual Harassment Under Title IX in 2025
| Nesenoff & Miltenberg, LLP | Title IX, Title IX: Sexual Harassment
The revisions to the Title IX regulatory scheme that were proposed in 2022 and released in 2024 changed the definition of sexual harassment in several critical ways. Sexual harassment is a form of sexual discrimination prohibited by Title IX and the source of most of the complaints filed by students, faculty, and staff on college …
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Using Digital Evidence in a Title IX Case
| Nesenoff & Miltenberg, LLP | Title IX
When someone files a formal Title IX complaint against a student or member of the faculty or staff on a college campus, that usually triggers a formal investigation and adjudication process. If the allegations turn out to be serious, such as when a student is accused of sexual assault, a great deal of attention may …
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