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Articles Posted in Student Rights & Title IX

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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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Back to School Basics: Rights to Free Speech in Higher Education

Colleges and universities have traditionally valued free expression, experimentation, and open discourse as a core part of their missions. Students and faculty should be free to speak their minds and express themselves in order to provoke discussion and achieve greater understanding. But there are limits to the legal rights to…

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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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Back to School Basics: What To Do When the (Campus) Police Come Calling

Colleges and universities are starting their fall semesters, and orientation for incoming freshmen is well underway at many schools. One area that is not likely to be covered in orientation is students’ rights in encounters with police. While most students go through their entire college career without interacting with police,…

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First Circuit Holds That Massachusetts Students Can Bring Breach of Contract Cases Based on Unclear or Contradictory School Policies

Under longstanding case law in Massachusetts and the First Circuit, a court must interpret a student handbook or other school policy consistent with the “reasonable expectations” of a student reading it. If the school fails to follow its established policies, the student may be able to hold it accountable through…

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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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Advice for Parents of Incoming College Students: What You and Your Child Need to Know About Sexual Assault and Harassment

August is upon us and millions of college students across the country will be beginning their fall terms, including many first-year students who have just become adults and have spent little time away from their families or communities. If you are a parent of an incoming student, you may be helping…

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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…