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Articles Posted in Student Rights & Title IX

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Massachusetts Legislature Considers New Campus Sexual Misconduct Laws (Part 1)

There are six bills addressing campus sexual assault that will be discussed at a public hearing of the Massachusetts Joint Committee on Education next week. Two years ago, the Massachusetts legislature held hearings on a collection of bills that addressed different aspects of the issue of campus sexual assault. Although…

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How Would Cross-Examination Under the Department of Education’s Draft Title IX Regulations Work?

On November 16, 2018, the U.S. Department of Education released draft regulations that would significantly reform Title IX requirements for schools in dealing with sexual harassment and sexual assault on campus. Naomi Shatz has tweetstormed initial summaries and analysis of key features of the draft regulations. There is a lot…

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What is the Future of a Right to Confrontation in Campus Title IX Proceedings? New Draft Federal Regulations and Holdings in the Sixth Circuit Point in Different Directions.

In recent weeks, potential new draft regulations from the Department of Education’s Office for Civil Rights (OCR) have garnered considerable media attention, despite not being yet released. Last week the full text of those draft regulations was leaked to the public. Among several other notable changes to current practice at…

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

Labor Day Weekend 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…

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Doe v. Boston College: The First Circuit Allows an Accused Student’s Claims to Proceed to Trial, But Dodges the Big Questions

Until this spring, the First Circuit had not decided many major student discipline cases in over thirty years.  In June, the Court handed down its long-awaited decision in Doe. v. Trustees of Boston College. The case concerns an alleged sexual assault that took place on a dance floor in 2012.  A…

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Do Colleges Have to Investigate Sexual Assault Claims By Students from Other Schools?

Allegations of sexual assault on campus involving students of different colleges are very common. My experience representing students involved in such proceedings has typically been that if a college is presented with an allegation that one of its students has sexually assaulted, harassed, or abused another person, the college will…

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Beyond Sports and Sex Part 5: Title IX and Pregnant and Parenting Students

In this series, I look at some of the protections afforded by Title IX that have not gotten as much attention in the media or political arena as have Title IX’s applications to equity in athletics and campus sexual assault. Part 1 looked at Title IX’s protection against employment discrimination.…

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Massachusetts Moves Toward New Law on College Sexual Assault

On November 2, 2017, the Massachusetts Senate unanimously passed a bill that would dictate how colleges and universities in the Commonwealth must handle sexual assault allegations. As a mecca for higher education, with over 100 colleges and universities, Massachusetts could have been a leader in tackling campus sexual assault in…

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Beyond Sports and Sex Part 2: Title IX and Bullying/Harassment Based on Gender Stereotypes

In this series, I look at some of the protections afforded by Title IX that have received less attention in the media and political arena than Title IX’s applications to equity in athletics and campus sexual assault. Part 1 looked at Title IX’s protection against employment discrimination. To those people…