If you or your child is accused of engaging in academic misconduct, you’ll get a crash course in how the college or university bureaucracy works to process these cases and sanction students. Before that happens–and to prevent that from happening–it is important to understand a few key points about academic…
Articles Posted in Student Rights & Title IX
Appeals Court Reaffirms Students’ Right to Sue in Court for Sexual Harassment
This week, the Appeals Court decided a case examining how students can bring claims under Chapter 151C, the Fair Educational Practices law. In Doe 99 v. Cheffi et al., a former public high school student who alleged she had been sexually abused by a teacher sued the City of Chelsea…
First Circuit Holds that School Districts, Not Parents, Decide School Policy and Rejects “Parental Rights” Argument to Out Transgender and Non-Binary Students
Since 2012, Massachusetts laws have prohibited discrimination based on gender identity, including in education. The Massachusetts Department of Education has had longstanding guidance in place instructing schools to use students’ preferred names and pronouns while at school. This week, in Foote v. Ludlow School Committee, the First Circuit Court of…
Massachusetts Law Prohibits Schools from Complying with Anti-Trans Athlete Executive Order
Youth sports are a huge part of the American education system, something many parents, schools, and communities place a high value on maintaining. Studies demonstrate the many mental, social, emotional, and physical benefits children derive from participating in organized athletics. In fact, during Trump’s previous presidency the President’s Council on…
What is the Current Status of Title IX and its Enforcement?
In the last month, actions by the courts, the President, and Congress have significantly impacted and may further change how Title IX is enforced across the country. Title IX: Background and Enforcement Title IX is a federal law prohibiting sex discrimination in education. It is one of the shortest laws…
Legal Challenges to New Title IX Regulations Continue—With One Snag
The Biden administration’s new Title IX regulations were scheduled to go into force on August 1 of this year, but have already come under legal attack. We’ve previously covered two successful legal challenges that enjoined the enforcement of the new regulations in certain states. This week, however, other opponents of…
Legal Challenges to New Title IX Regulations Begin, Blocking Legal Protections for Gender Identity in Education
Title IX, passed by Congress over fifty years ago as part of the Educational Amendments of 1972, begins with a deceptively simple sentence: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination…
First Circuit Upholds Dress Code Prohibiting “There are Only Two Genders” Shirt
Yesterday, the First Circuit issued its decision in L.M. v. Middleborough et al., a case we discussed previously on this blog. The case concerned whether a public middle school could prohibit a student from wearing a t-shirt that said “There are only two genders.” The district court had held that…
First Circuit Hears Oral Argument in “There are Only Two Genders” T-Shirt Case
Two weeks ago the First Circuit heard oral argument in a case that touches on some of the most hot-button issues in education law: student speech rights and discrimination against LGBTQ students. In L.M. v. Town of Middleborough, the Court must decide whether the Middleborough public schools could tell a…
Massachusetts Court Overturns Expulsion of Harvard Student on Contract and Basic Fairness Grounds
A recent decision against Harvard University in favor of a student accused of sexual assault demonstrates a viable path to challenging student discipline decisions. As we have discussed previously, courts are wary of interfering with academic decisions of universities, but have been willing to hold schools accountable for failing to…