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In Doe v. Stonehill College the First Circuit Demonstrates a Willingness to Second Guess how Schools Conduct Disciplinary Processes

For the second time this year, the First Circuit has reversed a district court’s ruling dismissing a student’s breach of contract claim against his school, reaffirming that courts are willing to second guess school’s interpretations and applications of their own policies. Background of the Case In Doe v. Stonehill College…

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New SAFER Act Seeks to Fix Decades of SCOTUS Narrowing of Students’ Civil Rights

Federal legislators have introduced a bill to correct absurdities in anti-discrimination law that ensure institutions are rarely held liable for egregious acts of discrimination on their campuses. As things currently stand, a school district cannot be held liable for an on-campus rape of a student even if the student had…

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Back to School Basics: The Proposed #TitleIX Regulations and Pregnant Students’ Rights

Proposed Title IX Regulations Would Expand Protection for Pregnant Students  Title IX is a federal civil rights statute that prohibits discrimination on the basis of sex in any education program that receives federal funding. This prohibition extends to discrimination based on pregnancy and related conditions, including termination of a pregnancy.…

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Back to School Basics: Teachers, Employees, and Title IX

What Teachers and Other School Employees Need to Know About Title IX    While many people think of Title IX as a law that applies only to students, in fact the law does not mention students at all. The language of the statute is: “No person in the United States shall,…

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Racial Discrimination and Harassment in School

  In the last year or so, I have gotten many calls from families whose children have been harassed and discriminated against in school because of their race. Repeatedly, I am hearing that students of color, often in predominately white schools, are being called the n-word by their classmates and…

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Fourth Circuit Holds that Sex-Based School Dress Codes Can Violate the Constitution and Title IX

This week, the Fourth Circuit court of appeals, sitting en banc (meaning all of the judges of the court together), held that a charter school’s dress code that requires girls to wear skirts violates their constitutional right to equal protection. The Court also reasoned that the dress code likely violates…

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SJC Protects Employees from Retaliation in New Decision

On Friday the Supreme Judicial Court handed employees a decisive victory, holding in Meehan v. Medical Information Technology, Inc. that employers cannot retaliate against employees who exercise their statutory rights to file rebuttals in their personnel record. In so holding, the SJC overturned a decision of the Appeals Court from earlier this year (which…

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Title IX and Sexual Assault on College Campuses: Back to School Edition

Whether you are heading off to your first year of college, or are returning for your fourth (or sixth, or ninth) year of higher education, you are likely aware that sexual assault prevention is a big issue on college and university campuses today. We represent students—both those who have experienced sexual assault or misconduct and…

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Massachusetts Should Join Other States in Banning Discrimination Based on Natural Hairstyles

This is Part 2 in a series. You can read Part 1 here.  I previously detailed how existing anti-discrimination law is insufficient to protect employees and students who wear their hair in natural or protective styles from discrimination. A national campaign called the CROWN Act, has built an impressive coalition of…

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Recent News Shines Spotlight on the Lack of Legal Protection Against Discrimination Based on Natural Hairstyles

This is Part 1 in a series. You can read Part 2 here. Last week Jon Oliver took a deep dive into Black hair, and the barriers people with natural and protective hairstyles face in the workplace, in schools, and elsewhere. His segment highlighted stories of a woman who was not hired because she wore her hair in locs, twins…