A Title IX lawsuit is a cause of action against an educational institution, not against an individual or group of individuals. Sexual assault is considered to be discrimination on the basis of sex, and individuals who experience sexual assault may bring a Title IX claim against the educational institution if the institution is deliberately indifferent to the assault. However, at least three … [Read more...] about Defining Who Is a “Person” Under Title IX
Collegiate Comment
Feds Flip Flop On Title IX Protections
In a brief three-page document issued September 22, 2017, the Trump administration accomplished the destruction of two Obama-era legal concepts that appeared anathema to the new administration: (1) Title IX protection for lesbian, gay, bisexual, and transgender students, and (2) the requirement that educational institutions receiving federal funding use the preponderance of evidence standard in … [Read more...] about Feds Flip Flop On Title IX Protections
NPC Spends Summer Examining Gender Identity Issues for Sororities and Fraternities
This past summer, the National Panhellenic Conference (NPC), an umbrella organization for national and international sororities of college and university women and alumnae, released the report of its Gender Identity Study Group. The Group had been convened in November 2016 to gather and disseminate relevant information for its member organizations on the pressing issues involving inclusion of … [Read more...] about NPC Spends Summer Examining Gender Identity Issues for Sororities and Fraternities
In Any Academic Collaboration, Be Sure to Dot the “i’s” and Cross the “t’s”
A recent Third Circuit Court of Appeals decision stresses the importance of clear, written documentation of roles and responsibilities in any academic collaborations between a private entity and a state university. When Angela Borrell, a student in the Nurse Anesthetist Program (NAP) jointly administered by Bloomsburg University and Geisinger Medical Center, was dismissed from the program, she … [Read more...] about In Any Academic Collaboration, Be Sure to Dot the “i’s” and Cross the “t’s”
Can a Non-Student Bring a Title IX Lawsuit Against a College?
The Eighth Circuit recently affirmed the dismissal of a Title IX lawsuit by a sixteen-year-old high school junior who was visiting the college and alleged she was given alcohol and sexually assaulted at a college fraternity party. Title IX is a federal statute that prohibits sexual discrimination, including sexual harassment and sexual assault, “on the basis of sex.” The Eighth Circuit’s ruling … [Read more...] about Can a Non-Student Bring a Title IX Lawsuit Against a College?
“Slant”-ing is OK, Says The High Court
In February, 2017, we discussed a case being argued in front of the U.S. Supreme Court brought by Simon Tam, lead singer of a dance/rock band who wanted to register a trademark “The Slants” for his band. The Patent and Trademark Office (PTO) had rejected his application, applying a provision of the Lanham Act that barring the registration of trademarks that may “disparage . . . persons living or … [Read more...] about “Slant”-ing is OK, Says The High Court