On August 11, 2023, the United States Court of Appeals for the Third Circuit issued a precedential opinion in response to students’ claims for tuition refunds related to effects of the COVID-19 pandemic. Will this decision open the floodgates for more lawsuits? “Like many colleges and universities across the country, the University of Pittsburgh and Temple University responded to the novel … [Read more...] about Third Circuit Ruling May Allow University Students to Seek COVID Tuition Refunds
“You can please some of the people all of the time, you can please all of the people some of the time, but you can’t please all of the people all of the time”.” -- John Lydgate, 14th century poet priest Lydgate’s famous quotation characterizes most U.S. Supreme Court decisions, but none more so than its recent decision ruling that affirmative action on the basis of race in higher … [Read more...] about Supreme Court Says “NO” to Affirmative Action
On June 23, 2022, fifty years to the day after President Nixon signed Title IX of the Education Amendments of 1972, Dr. Miguel Cardona, President Biden’s Secretary of Education, announced the much-anticipated 2022 Title IX Regulations, the fulfillment of Biden’s March 8, 2020 Executive Order guaranteeing an educational environment free from sex discrimination for all students. The goal of the … [Read more...] about Department of Education Releases New Title IX Regulations
Hmmmm. Well, the Preamble to the Final Rule says “no;” the 2020 Title IX Regulations are not retroactive for sexual harassment that occurred before the August 14, 2020 effective date of those Regulations. Department of Education (DOE) Q & A documents promulgated on September 4, 2020 and July 20, 2021 confirmed that the 2020 Regulations are not retroactive. But in October 2020, the federal … [Read more...] about Do the Title IX Regulations Apply Retroactively?
Several United States Courts of Appeals have made it clear in litigation that a non-student, e.g., a visitor or guest, at a college and/or university campus who is sexually assaulted on campus by a student (or students) of the institution cannot sue the institution under Title IX. But what about a student who is sexually assaulted by a non-student on the campus? Does that prohibition of a Title IX … [Read more...] about Are Institutions Liable Under Title IX For Sexual Assault by Third Parties?
Days after the announcement of the new Title IX Regulations, the American Civil Liberties Union (ACLU) filed its lawsuit on behalf of plaintiffs “Know Your Title IX,” the “Council of Parent Attorneys and Advocates,” “Girls for Gender Equity,” and “Stop Sexual Assault in Schools,” all advocacy organizations for alleged victims of sexual harassment and sexual assault in schools receiving federal … [Read more...] about ACLU Fires First Volley Against Betsy DeVos and Dept of Ed over New Title IX Rules