Archives: Title IX

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Updates on Key Higher Education Litigation

Three key cases (Title IX Dear Colleague of 2011, Title IX bathroom/locker room use, Accreditation) remain pending in federal court.  A brief status update follows– Title IX Dear Colleague of 2011.  John Doe and Oklahoma Wesleyan University v. U. S. Department of Education, et al., Civil Action No. 1:16-cv-01158-RC.  Filed in federal court in the … Continue Reading

The Latest on G.G. v. Gloucester County School Board

Given the Supreme Court’s vacatur and remand of G.G. v. Gloucester County School Board to the U.S. Court of Appeals for the Fourth Circuit, the contention of the parties now is over what the briefing schedule should be, and when oral argument should be held–whether at the court’s May 2017 sitting or the September sitting. The latest … Continue Reading

Argument Set For March 28, 2017 in Transgender Bathroom Case

Oral argument in Gloucester County School Board v. G.G., No. 16-273,  will occur on Tuesday, March 28, 2017 at 10:00 AM in the U.S. Supreme Court. The Court will hear from counsel on two issues:  (1) If [the doctrine of Auer deference] is retained, should deference extend to an unpublished agency [U.S. Department of Education] letter … Continue Reading

Key Education-Related Hearings In Federal Court the Week of January 30, 2017

The hearing on a preliminary injunction sought by the Accrediting Council for Independent Colleges and Schools (“ACICS”) in ACICS v. U.S. Department of Education et al., Civil Action No. 1:16-cv-02448 (termination of recognition of accreditor for purposes of Title IV student aid) is set for Wednesday, February 1, 2017 at 9:30 AM at the E. … Continue Reading

Supreme Court to Hear Gloucester County, VA Transgender Bathroom Case

Last week the Supreme Court announced it will review the G.G. v. Gloucester County School Board (VA) decision–a case dealing with who gets to use what bathroom in a local high school.  The Fourth Circuit Court of Appeals ruled 2-1 that for purposes of Title IX’s prohibition of sex discrimination, a student’s self-designated gender identity … Continue Reading

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

Preliminary Injunction Halts Obama Administration’s Transgender Bathroom/Locker Room Policy

On Sunday, August 21, 2016, a federal court in the northern district of Texas issued a nationwide preliminary injunction halting the Obama Administration’s highly controversial transgender bathroom/locker room guidance first-announced in the spring of this year.  The court’s decision is here. Significantly, the decision stated the U.S. Department of Education failed to follow Notice and … 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

H.R. 4768, Separation of Powers Restoration Act of 2016, Passes House

On July 12, 2016, the House of Representatives passed H.R. 4768, the “Separation of Powers Restoration Act of 2016” by a vote of 240-171.  Short in length, the legislation amends the Administrative Procedure Act to overturn the Chevron and Auer doctrines of judicial deference to agency interpretations of statutory and regulatory provisions.  Reviewing courts would … Continue Reading

Battle Royal Shaping Up Between NC and DOJ on Bathroom Access

Earlier today North Carolina and the U.S. Department of Justice (DOJ) filed dueling lawsuits against each other asking a federal judge to determine rights under Title VII of the Civil Rights Act (prohibits employment discrimination), Title IX of the Education Amendments of 1972 (prohibits sex discrimination), and the Violence Against Women Reauthorization Act of 2013 … 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

Title IX, Transgender Students, Locker Rooms and Bathrooms

On both the K-12 and higher education fronts, school districts and institutions of higher education continue to face Title IX lawsuits brought by transgender students or their parents over schools’ policies on bathroom and locker room use.  In the two most prominent cases, G.G. v. Gloucester County School Board (Eastern District of Virginia) and Johnston … Continue Reading

Scope of Office for Civil Rights Enforcement Authority Questioned

“Behind the Scenes:  A Closer Look at OCR’s Enforcement Authority” questions the legal authority of the Office for Civil Rights to demand certain remedies as a condition for resolving Title IX sexual assault complaints against colleges and universities.  This short article discusses the enforement authority found in Title IX of the Education Amendments of 1972, … 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

Combating Campus Sexual Assault is Focus of Senate Hearing

The Senate Committee on Health Education Labor and Pensions will receive testimony on Wednesday, July 29, 2015 from two panels of witnesses on “Reauthorizing the Higher Education Act:  Combating Campus Sexual Assault.” The hearing begins at 9:00 AM in room 216 of the Hart Senate Office Building.   Panel I includes the Honorable Claire McCaskill … Continue Reading

Title IX Suit Filed Against ED

You will recall that I wrote last March about the controversy that was brewing over the application of Title IX’s “three-part test” to high school athletics.  (You can locate my post here.)  Now, the American Sports Council, formerly known as the College Sports Council, has filed a suit against the U.S. Department of Education over the issue.    In … Continue Reading

Another Title IX Controversy Brewing

Title IX’s seemingly endless controversies continue with no end in sight.  Last November, the National Women’s Law Center (NWLC) filed administrative complaints with the U.S. Department of Education’s Office for Civil Rights against twelve school districts across the country.  The gist of NWLC’s complaints is that the school districts are not providing opportunities for female … 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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