Allen Law Blog

    Federal Judge Could Strike Part of Education Secretary Betsy DeVos’s Title IX Rule

    Federal judge William Young of the Federal District Court for Massachusetts indicated he may strike down part of the rule implemented by Education Secretary Betsy DeVos regarding how schools are required to respond to sexual misconduct allegations under Title IX. The regulations implemented August 14, 2020 require universities to allow cross examination. The requirement of cross examination, which is the…

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    New Title IX Rules Retroactive: Doe v. Rensselaer Polytechnic University

    The new Title IX rules instituted on August 14, 2020 guarantee more due process rights to both the accused and to accusers.  Still, colleges and universities that fought the new regulations tooth and nail, wish to keep applying their old rules as long as they can.  Recently, the United States District Court, Northern District of New York told RPI that…

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    U.S. Supreme Court to Hear Free Speech Case Against Georgia Gwinnett College

    The United States Supreme Court will hear a case pitting a pair of Georgia Gwinnett College students against campus administrators.  At issue is whether it is legal to confine free speech on public campuses to so-called “free speech” zones.  These zones are often minuscule and clearly meant to send the message that campuses will only tolerate free speech if forced…

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    R.I.P. Ruth Bader Ginsburg, Staunch Feminist Supporter of Title IX Rights

    Supreme Court Justice Ruth Bader Ginsburg, who died September 18, 2020 at the age of 87, was famous for her staunch feminist support of Title IX rights—including the due process rights that protect the accused and alleged victims alike. The justice, fondly known in pop culture as “Notorious RBG,” has left a legacy of advocating for gender equality and women’s…

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    Syracuse University Can’t Hide Student Advisor Records Simply by Assigning “Therapists” To Be Advisors: Lessons for Accused Students and Victims Alike

    Read the decision: Order to Disclose Campus Advisor Records The US District Court for the Northern District of New York has just ordered Syracuse University to hand over the records of a campus “advisor” who gave procedural advice to the complainant in its Title IX proceedings after the judge found that portions showed the disciplinary proceedings were “procedurally unfair and…

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    Free Speech, Academic Freedom Issues Arise Out of Princeton Faculty Petition

    Free Speech, Academic Freedom Issues Arise Out of Princeton Faculty Petition

    The topic of free speech is one of the most contentious issues in liberal societies.Many people know that free speech is enshrined in the First Amendment but there’s still a lot about it that many still misunderstand so let’s read on. The widespread protests surrounding issues of systemic racism have been a significant part of this year’s news cycle, even…

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    Colleges as Courtrooms? How Administrators Can Adjust to New Title IX Regs

    By Jonathan B. Orleans and Michael Thad Allen The first formal changes to Title IX’s implementing regulations in 45 years are here, and they are significant. The federal statute, which prohibits sex discrimination in educational programs receiving federal financial assistance, had its earliest impacts on intercollegiate athletics. But since the late 1990s, it has also been interpreted to prohibit sexual…

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    What Legal Consequences Will Universities Face if They Don’t Reopen in the Fall?

    The nation’s colleges and universities were already struggling financially even before the COVID-19 pandemic hit. Now, with a sudden shift to online schooling and students no longer on campus, a difficult situation has become dire. According to Christina Paxson, President of Brown University, “A lot of [colleges] were teetering on the brink financially, and this is the kind of thing…

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    With Universities Moving to Online-Only Classes, Plagiarism Concerns Evolve

    An increasing number of universities have been offering online classes in recent years, but now due to the COVID-19 pandemic, virtual classrooms are the only classrooms.  This has become the sudden necessary reality for every university in the country. With entire student bodies now taking classes and completing tests remotely, the issue of plagiarism and academic integrity has come to…

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