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…
Title IX
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…
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…
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…
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…
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…
Five Big Myths About Title IX and Your Education Rights
When issues of gender discrimination arise in the school system, discussion of Title IX isn’t far behind. From athletics to classrooms and across other extracurricular departments, Title IX is a pivotal piece of legislature that protects your right to be free from gender discrimination. Title IX is part of the 1972 Education Amendment, enforced by the U.S. Department of Education’s…
Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case
Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case At the end of June as the dog days of summer began, a three-Judge panel, all women judges of the 7th Circuit Court of Appeals, ruled against Purdue University. The Appeals Court decided in favor of a male student who sued Purdue under Title IX for discriminating against…
What Happens If You Get Charged With Student Misconduct?
As a student at the university level, conduct is as important as academic excellence. While you are on your journey to becoming a professional and an adult, you may have found yourself in a situation that warrants learning more about student misconduct. Unfortunately, situations arise where a student fails to meet the ethical standards or code of conduct put in…
New Title IX Statistics Show Saying “No” Works
Arguments over statistics and Title IX are nothing new, but researchers rarely focus on what is effective in preventing sexual assault. Now a recent study by social scientists at Columbia University suggests an effective way to counter sexual assault on campus along with student misconduct policies and Title IX. The Columbia study shows that learning how to say “No” to…