The Title IX Notice of Proposed Rulemaking (NPRM) published earlier this week is fundamentally flawed because it would treat sex-discrimination civil-rights protections unequally from other civil-rights enforced by the U.S. Department of Education’s Office for Civil Rights (OCR). Notably OCR Read More …
Author: S. Daniel Carter
How to Comment on the Title IX NPRM
After more than a year in preparation, the formal proposal by Education Secretary Betsy DeVos to bring sweeping changes to Title IX sex-discrimination regulations is set to be published in the Federal Register tomorrow morning, Thursday, November 29, 2018. The Read More …
Expect Larger, Faster Clery Act Fines
In the most significant Jeanne Clery Act enforcement action in several years, the U.S. Department of Education last week notified the University of Montana that they intend to fine them nearly $1 million for violations of the campus crime reporting Read More …
Ruling That Accused Entitled to Cross-Examine Accuser in Campus Rape Cases is “A Bridge too Far”
The U.S. Sixth Circuit Court of Appeals handed down an opinion in Doe v. Baum, et al. on Friday, September 7, 2018 that has the potential to substantially change college and university conduct proceedings. A three-judge panel held in a Read More …
Mandatory Reporting to Off-Campus Police Isn’t the Solution to Campus Sexual Violence
Following several high-profile campus sexual assault incidents, Utah’s legislature recently advanced a bill, HB 254, out of their House Judiciary Committee that would provide for colleges and universities to report sexual assaults to “off-campus law enforcement” over the objections of Read More …