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New Title IX Regulations: Everything You Need to Know

Today the U.S. Department of Education released its long-awaited regulations implementing Title IX. The regulations require a complete overhaul of how schools currently handle allegations of sexual harassment and sexual assault, and dramatically limit schools’ responsibilities to address those claims. By way of background, in 2011 the Obama administration issued…

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Coronavirus and Disability Discrimination Law: Employee and Employer Rights

My colleague recently explained how Massachusetts and federal leave laws may apply to employees who contract COVID-19 or who are medically required to self-quarantine because of concerns about COVID-19. In addition to leave laws, such as the Massachusetts earned sick time law and the Family and Medical Leave Act (FMLA), state and federal disability laws provide protections…

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SJC Will Decide When Forced Blood Draws Are Permissible and Admissible

Today, the Supreme Judicial Court (SJC) hears oral argument in Commonwealth v. Bohigian, a case that addresses, among other issues, when law enforcement can take a subject’s blood without consent and when evidence of that blood draw is admissible in court.   Mr. Bohigian was charged with operating under the influence and related crimes after a severe car accident. When Mr. Bohigian arrived at the hospital after the accident, police…

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Boston Public Schools’ Secret Residency Enforcement Regime Violates Students’ Due Process Rights

If the volume of calls to our office is any indication, the Boston Public School (BPS) system is stepping up enforcement of its residency policies. It is not surprising that with national attention on the “Varsity Blues” scandal (involving prosecutions of celebrities who fraudulently secured their children’s acceptance to college),…

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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…

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Can Plaintiffs in Federal Gender Discrimination and Sexual Harassment Cases Sue under Pseudonyms?

In April, six women filed a proposed class-action gender discrimination, sexual harassment, and pregnancy discrimination lawsuit in federal court in D.C. against international law firm Jones Day, with four of the women proceeding under the pseudonyms “Jane Doe 1-4.” The court initially allowed this, stating “Plaintiffs’ significant interest in maintaining their anonymity at this stage of the litigation…

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In Haidak v. University of Massachusetts the First Circuit Fails to Grapple with the Messy Factual Realities of Campus Title IX Cases

Last week the U.S. Court of Appeals for the First Circuit released its second decision in the last few years addressing campus sexual misconduct disciplinary proceedings. In Haidak v. University of Massachusetts-Amherst, the First Circuit largely found for the University, concluding, as my colleague recently discussed, that the procedures it applied in Mr. Haidak’s case were sufficient to pass constitutional muster. In writing about these campus disciplinary…

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Conservative Christian Group’s Title IX Complaint Against Transgender Athletes Ignores the Meaning of “Sex” Under Title IX Law

Last week, the Alliance Defending Freedom (ADF), a Christian organization purporting to focus on religious liberty issues, filed a complaint with the Department of Education’s Office for Civil Rights (OCR) on behalf of three female high school athletes in Connecticut. The complaint alleges that the three Complainants—cisgender elite track athletes—are being discriminated against…

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SJC Holds that Violation of Child Car Seat Law Does Not Constitute Reckless Endangerment of a Child

In a decision released today, the Supreme Judicial Court concluded that driving with improperly restrained children does not constitute reckless endangerment under state law.  Suzanne Hardy was charged with several crimes, including reckless endangerment, after her nephews were killed in a car crash. On the day of the accident, Ms. Hardy, who was taking care of her four-year-old son and her two nephews, ages…