Article: Higher Ed Often Loses When Courts Review Title IX Complaint Handling

As the U.S. Department of Education (DOE) notes in a footnote to its proposed new regulations for how schools handle Title IX complaints of sexual discrimination, including harassment or misconduct, more than 90 colleges have lost due-process challenges brought by students challenging school disciplinary actions. That means higher educators lose about half of the time […]

Article: Virginia College Could Face Biggest-Ever Award to Student Whose Title IX Case It Bungled

Earlier this year, a federal magistrate judge in Harrisonburg, Virginia issued a decision recommending that state college James Madison University (JMU) pay almost $850,000 in attorneys’ fees and court costs to the pseudonymous “John Doe,” a student whom the school wrongly punished for an assault which a Title IX tribunal a year earlier had declined […]

Article: Suit Challenges DOE Procedure Mandates for College Sex Misconduct Cases

A recent University of Virginia (UVA) law graduate’s new lawsuit attacks the procedural standards for dealing with sexual misconduct cases the Department of Education (DOE) mandates for the nation’s colleges and universities. If successful, the lawsuit could Title IX enforcers to back off their aggressive readings of the specific procedures colleges and universities must use […]

Article: Advice to College Lawyers on Handling Students’ Sex Misconduct Cases Proves Controversial

The National Association of College and University Attorneys (NACUA) stirred controversy last year by publishing advice from a prominent law firm on ways colleges and universities can protect themselves against increasingly numerous and complex lawsuits filed by students involved in campus sexual misconduct hearings. The 18-page article, “Between a Rock and a Hard Place: A […]