Allen Law Blog

    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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    Deliberate Indifference: When Universities Don’t Listen and Victims Sue, Who Is Winning and Who Is Losing?

    Title IX is a federal law that prohibits sex discrimination.Courts have consistently found that student-on-student sexual harassment is sex-based discrimination and that the university can be held responsible for it if the university remains “deliberately indifferent.” This means paying students damages if they are victimized on campus, but the University sits on its hands. However, holding a university responsible for…

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    Free Speech, Harassment, and Distance Learning

    The following is a post from Samantha K. Harris, Esq., and Michael Thad Allen, Esq. that originally appeared here on HigherEducationLaw.org Samantha Harris is a graduate of Princeton University and the University of Pennsylvania Law School. For more than 15 years, she has advised students, faculty, administrators, and attorneys on issues of free speech and due process on campus. She lectures regularly about…

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    K-12 and Title IX: Strengthening Enforcement to Protect Students

    Education secretary Betsy DeVos has been in the news again—this time, calling for strengthening Title IX enforcement in K-12 schools as a response to increasing sexual misconduct and harassment allegations in elementary through high schools. DeVos’ office is particularly concerned about claims in which a teacher harassed or assaulted a student. What is Title IX? Title IX is a federal…

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    Can Fraternities Be Required to Admit Women Under Title IX?

    In February 2019, three female Yale students, Anna McNeil ’20, Ry Walker ’20 and Ellie Singer ’21, filed a lawsuit against Yale University, arguing that fraternities should be required to admit women and nonbinary students under Title IX as well as the Fair Housing Act. In May 2019, an on-campus group named Engender, which fights for gender integration in on-campus…

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