Archives: Sexual Harassment

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Department of Education in Hot Seat Defending Another Administrative Procedure Act Lawsuit

Apart from defending Title IX lawsuits in Texas, Nebraska, Illinois, and the District of Columbia based on its Dear Colleague Letters (transgender bathroom/locker room guidance and guidance announcing the preponderance of the evidence standard for campus sexual harassment and assault disciplinary proceedings), the U. S. Department of Education now is a defendant in a Title … Continue Reading

Oklahoma Wesleyan University Joins Lawsuit Challenging Title IX Sexual Assault Guidance

Yesterday, Oklahoma Wesleyan University joined pending litigation in the District of Columbia–now titled John Doe and Oklahoma Wesleyan University v. Catherine H. Lhamon, et al., 1:16-cv-01158-RC–challenging the U.S. Department of Education’s controversial Title IX Sexual Misconduct Guidance issued on April 4, 2011 in a Dear Colleague Letter.  Plaintiffs contend the Department’s Office for Civil Rights violated … Continue Reading

Association’s Draft Report Raises Questions about Due Process Under Title IX

Earlier today the American Association of University Professors (AAUP) released a draft report, The History, Uses, and Abuses of Title IX, raising questions about due process for the accused under Title IX of the Education Amendments of 1972.  While the draft report is much broader than a due process discussion, due process is one of the … Continue Reading

Six Higher Education Title IX Sexual Misconduct Agreements Analyzed

During 2014, six universities–Tufts University, Virginia Military Institute, Ohio State University, Princeton University, Southern Methodist University and Harvard Law School–signed Title IX resolution agreements resolving sexual misconduct or sexual harassment complaints (or both) filed with the U.S. Department of Education’s Office for Civil Rights (“OCR”), and in one instance, a Title IX compliance review initiated … Continue Reading

Office for Civil Rights Offers New Guidance on Bullying

The Office for Civil Rights (OCR) of the U.S. Department of Education recently issued new guidance on bullying.  OCR notes that the purpose of its Dear Colleague is “to remind [school officials] .  .  .  that some student misconduct that falls under a school’s anti-bullying policy also may trigger responsibilities under one or more of … Continue Reading
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