Tag Archives: Civil Rights

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hear from counsel on two issues:  (1) If [the doctrine of Auer deference] is retained, should deference extend to an unpublished agency [U.S. Department of Education] letter … Continue Reading

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

An Unfortunate Commentary on Charter Schools

As the editorial boards of the New York Times, Washington Post, and Wall Street Journal have ably pointed out, the anti-charter resolution adopted this past weekend by the National Association for the Advancement of Colored People represents an unfortunate commentary for inner city communities longing for better schools.  Why put up the roadblocks?  Why stifle … 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

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 Letter from Two Commissioners, U.S. Civil Rights Commission

In a very poignant letter (9 pages) to the Chairs of the House and Senate Appropriations’ Committees and Subcommittees, Commissioners Gail Heriot and Peter Kirsanow of the U.S. Commission on Civil Rights raise fundamental legal questions about actions of the Office for Civil Rights (OCR) of the U.S. Department of Education.   In a similar … Continue Reading

Affirmative Action College Admissions Case to be Heard in October 2012 Term

Today, the U.S. Supreme Court announced (see p.6) it will hear the Fisher v. University of Texas affirmative action college admissions case during its October 2012 term. Justice Elena Kagan–the Solicitor General at the time the United States filed a brief in the Fifth Circuit Court of Appeals (March 2010)–has recused herself.  As noted in my … Continue Reading

Supreme Court Review Sought in University of Texas Affirmative Action Admissions Case

Those interested in college admissions, diversity, and affirmative action issues should watch closely the recently filed petition for certiorari review filed by Abigail Fisher with the Supreme Court of the United States.  Fisher seeks review of the recent decision of the United States Court of Appeals for the Fifth Circuit permitting (an arguably expansive) use of … 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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