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…
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With widespread protests around the nation in the wake of the killing of George Floyd by a Minneapolis police officer, free speech of and on campus is once again at the forefront. Even though almost all schools are now closed, and almost all speech and the actions of students and…
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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…
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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,…
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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…
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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…
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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…
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Last week, the United States District Court for the Northern District of New York shot down Syracuse University’s attempt to dismiss the Complaint of “John Doe,” who sued the university for unfairly expelling him in 2017. This is a major victory for Allen Law LLC’s client, John Doe, who is…
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The University of Connecticut expelled a male student for an allegedly nonconsensual sexual encounter with a female student. But now a judge has issued a temporary restraining order to halt the student's removal, on the grounds that the university's investigation was wildly unfair. The Foundation for Individual Rights in Education…
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As reported in the Hartford Courant on Saturday, Attorney Michael Thad Allen of Allen Law LLC successfully argued in the District Court for the United States District of Connecticut that the University of Connecticut denied his client, identified only as John Doe, his constitutional rights to due process. The decision,…
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How broadly does the First Amendment’s free speech clause apply to students? This is a question that American courts have been interpreting for quite some time. Social media has made it more complicated. The First Amendment guarantees the right to free speech without government interference—with certain limits that are designed…
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As medicinal and recreational cannabis is becoming legal in more and more states, students are under the assumption that they can use medical marijuana on campus. It’s a fair assumption, especially if your state has legalized both medical and recreational use. Except your school most likely disagrees. Its phalanx of…
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The Sixth Circuit Court of Appeals just reversed a lower court in a university plagiarism case against a disabled student. The school expelled a medical student over accusations of cheating. It ignored two doctors and the student’s own protests that the behavior he was accused of was a manifestation of…
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Title VII of the Civil Rights Act of 1964 forbids employers from discriminating based on race, color, religion, sex, or national origin, and overlaps with Title IX (sex discrimination) and Title VI (race, color, religion or national origin). Forms of discrimination include creating a hostile work environment, disparate treatment, disparate…
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Plaintiffs claiming they were wrongly expelled for false allegations of sexual misconduct in colleges and universities have repeatedly challenged so-called “trauma informed” interview techniques. Their challenges most often fail: three times in the Federal District Court of Colorado and once each in the Southern District Court of Iowa, the Southern…
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If your employer or school punishes you for legally using marijuana, you can just say, “No.” No to discrimination against you under state medical marijuana statutes. States are increasingly edging towards the complete legalization of marijuana. Almost half have made medical marijuana legal. Some, including Connecticut, Rhode Island, and New…
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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 legislation that protects your right to be free from gender discrimination. Title IX is part of the…
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Here Are Three Take-Home Lessons for Campus Sexual Assault and Title IX Cases The American Bar Association rejected a proposal to incorporate “affirmative consent” into American criminal law. This decision has sparked debate over whether affirmative consent should become a legal standard in criminal law, raising questions about how to…
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In a Cyberbullying attack, the aggressor’s objective is to harm the credibility of the victim and damage their psychological well being, but the Cyberbully’s aim is also more than personal. They seek to damage the reputation and social standing of the victim in the community at large. Cyberbullies are known…
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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…
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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…
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In February, a male swimmer from Fishers, Indiana was allowed to compete in the state swimming championship meet despite three accusations of sexual harassment by female members of his own swim team. At most high schools, boys’ and girls’ swimming teams practice together and compete at the same meets. But…
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Federal Law Gives Your Student the Right to His or Her Student File Be aware of both your rights and their limitations under the Family Educational Rights and Privacy Act (FERPA). If you are familiar with FERPA in the context of grade school and high school, things change in college.…
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Marshall University of West Virginia has settled a lawsuit with a former freshman student who alleged that the university’s Title IX judiciary bungled her complaint of a rape that occurred in her residence hall. A witness, also in the room, corroborated the student’s account that she withdrew consent by repeatedly…
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A study conducted every three years by UCLA’s Higher Education Research Institute shows that professors throughout the United States are deeply concerned about discrimination and bias on campus. At the same time, the HERI survey shows that professors do not believe they are prepared to deal with these kinds of…
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Colleges and universities often walk a fine line when it comes to free speech. Institutes of higher education promote themselves as places where students go to debate and refine ideas and opinions. Ideally, this creates an enriching experience for all involved. But many schools place limits on acceptable discourse in…
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The Attorneys General of 18 states collectively submitted an extensive 72-page comment opposing rules proposed by the Department of Education for Title IX, the federal statute prohibiting discrimination on the basis of sex in education. Led by the Commonwealth of Pennsylvania (Josh Shapiro), California (Xavier Becerra), and New Jersey (Gurbir…
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Allen Law LLC has sued Syracuse University on behalf of a graduate student following his expulsion for alleged sexual misconduct. The plaintiff, referred to anonymously as John Doe, claims the Title IX investigation was biased and that the sanctions imposed were unfair. Filed on Monday, Feb. 12, this is the…
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Connecticut College has a unique Honor Code in which a select group of students disciplines their peers. However, a self-standing quasi-judiciary handles Title IX sexual misconduct violations under a separate system. College enrollment is just over 1,800 students. Despite this small student body, Conn College received 12 reports of rape,…
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Campus judiciaries and campus codes of conduct intervene as never before in the private life of students. Therefore, parents should take the time to review how a school’s policies dictate the handling of misconduct cases. Universities and colleges today operate very differently from how they were run a few decades…
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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…
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Before colleges or universities begin investigating a claim of sexual assault or other misconduct, they typically act to isolate the parties and, ideally, to protect them and the evidence during the investigation. These measures are usually called “interim measures.” Some schools call them “interim actions.” New regulations proposed by the…
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The Office for Civil Rights of the Department of Education released new regulations on November 16, 2018. Many of the new rules will likely increase the reliability of Title IX proceedings and should be welcomed by both the advocates of victims and the advocates for the rights of the accused.…
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The University of Connecticut received 127 reports in 2017 of sexual assault, 67 cases of intimate partner violence, and 15 incidents of stalking. This amounts to 219 claims of Title IX violations, which are also considered civil rights issues under federal law. UConn expelled five students for Title IX violations…
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On September 27, 2018, millions of Americans witnessed the testimonies of a man accused of sexual assault, Justice Brett Kavanaugh and his accuser, Dr. Christine Blasey Ford. The proceeding was similar to hearings that take place with increasing frequency at colleges and universities as a result of Title IX investigations.…
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