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Rape, Defamation, and Title IX: Connecticut Supreme Court Holds Yale’s Lack of Procedural Protections Allows Defamation Claims Against Complainant to Go Forward

When can a person accused of sexual misconduct sue the accuser for defamation? Since the #MeToo movement began, more and more people accused of sexual assault have turned to defamation lawsuits as a weapon to combat those allegations. In 2022 Johnny Depp won his defamation claim against his ex, Amber…

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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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What is the impact of the narrowed definition of “sexual harassment” under the new Title IX regulations?

One of several controversial revisions to the new Title IX regulations issued by the Department of Education (DOE) is the change to the definition of “sexual harassment.” The regulations significantly narrow the scope of Title IX’s definition of sexual harassment, making it less expansive than the workplace standard for sexual…

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New Title IX Regulations Require Live Hearing and Cross Examination, Upending Current School Adjudication Models

Cross examination rights in Title IX campus cases have long been hotly contested—both in litigation challenging the adequacy of school sexual misconduct proceedings and in the public debate about how colleges and universities should handle allegations of sexual misconduct. This week’s newly issued Title IX regulations have attempted to find…

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New Title IX Regulations Allow Schools to Choose Standard of Proof

Yesterday, the Department of Education released final new Title IX regulations. Our office is addressing the regulations, which mandate significant changes to the way that most colleges and universities have been handling accusations of sexual assault and harassment, in a series of blog posts. This post addresses just one important…

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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…