Rules for Schools
A Title IX Blog

As expected, the U.S. Department of Education (DOE) recently released proposed Title IX regulations, specifically concerning sexual harassment, including sexual assault. This is significant because the DOE has never addressed these issues through ...

I’m a management-side employment lawyer. It’s my job to go to court and defend employers and executives accused of all different types of misconduct, including sexual harassment. Over the last 20 years, I have seen it all. Some of my cases ...

The recent proliferation of news stories about transgender students facing discrimination has brought an increased focus on universities and colleges claiming religious-based exemptions to excuse their compliance with Title IX as it applies to ...

In litigation, claims are subject to statutes of limitations. Because the passage of time can affect such things as witness memory and evidence preservation, states pass statutes of limitations providing that claims cannot be brought after the ...

This article originally appeared in The Legal Intelligencer on August 01, 2017 IN-HOUSE COUNSEL I have never met an attorney who did not believe that he was perfectly capable of drafting legislation. This confidence may come from a mastery of the ...

As we suggested in our February 2017 blog post, the future of Title IX applications in our institutions is in flux. The Department of Education Office for Civil Rights rescinded the Obama era 2011 Dear Colleague Letter and 2014 Guidance on September ...

This article originally appeared in The Legal Intelligencer on April 25, 2017 IN-HOUSE COUNSEL Since taking office on Jan. 20, President Donald Trump has ­issued two executive orders designed to implement what his chief strategist Stephen K. ...

This article originally appeared in The Legal Intelligencer on February 21, 2017 IN-HOUSE COUNSEL Last fall, the U.S. Sentencing Commission published the results of its study on the federal ­prosecution of corporations and other organizational ...

This article originally appeared in Corporate Counsel on January 1, 2017. Much has been written over the last sixteen months interpreting the shift in U.S. Justice Department policy placing greater emphasis on individual accountability for ...

This blog post was updated on March 17, 2017, due to the news that SCOTUS will no longer hear Gavin Grimm’s bathroom case. The evolving field of enforcement of Title IX matters took another turn last week. On February 22, 2017, the Department ...

At the allegation stage of a research misconduct matter, it may not be known which of several scientists actually committed research misconduct (assuming anyone did), resulting in more than one scientist being named as a respondent. Often, an ...

This article originally appeared in The Legal Intelligencer In-House Counsel For attorneys who routinely litigate matters adverse to federal and state government agencies, sometimes ­referred to as government and regulatory law, the trend has been ...

This article was originally published by TheScientist on December 16, 2016. It was not until the Supreme Court decided a case concerning marital contraception that the right to privacy became a legally cognizable interest sanctioned by the United ...

The rights due to a student under Title IX continue to evolve. Title IX prohibits discrimination based on “sex,” which historically has meant that biological male and female students are required to be treated as equals. Recently, a California ...

Oftentimes, when a dispute first arises, even before litigation has begun, one or both sides will hire counsel to assist in trying to resolve the dispute. Even if counsel is not retained at that early stage, however, once litigation is instituted, ...

In litigation, the issue du jour is the discovery of electronically stored information (“ESI”).  There are a whole host of issues, such as the particular form in which the ESI should be produced (pdf or native format?), whether data claimed to ...

Colleges and universities are under pressure from all sides to ensure that their policies and procedures for investigating and adjudicating complaints of sexual assault on campus are compliant with Title IX as well as basic notions of fairness and ...

This article originally appeared in Corporate Counsel In this renewed era of individual responsibility for corporate malfeasance, corporate counsel would be well advised to help protect themselves from personal liability by taking six steps of their ...

This article originally appeared in Corporate Counsel Five years ago, the U.S. Justice Department announced that it had charged GlaxoSmithKline Vice President and Associate General Counsel Lauren Stevens with two counts of obstruction of justice and ...

Research misconduct inquiries and investigations are conducted by committees appointed by an institution’s research integrity officer. The committee members are typically scientists, not lawyers. Not only must they analyze the science in question, ...