#TheyLied Libel Lawsuit Over Ex-Student's Allegations of Rape Can Go Forward,
and so can the professor's Title VII and Title IX discrimination claims against the university.
Title IX
No Absolute Privilege for Accuser's Allegations in High School Sex Misconduct Investigation,
because the investigations doesn't offer the sort of due process available in a judicial trial.
Discovery of Comparator Incidents Available in Title IX Wrongful-Discipline Cases
A good illustration of how this principle can work.
The Buffalo Bills Cut Matt Araiza Over a Rape Accusation, but Key Evidence Vindicates Him
Prosecutors dropped the case after interviewing 35 witnesses who contradicted the accuser.
The Biden Administration Releases Proposed Title IX Regulations for Transgender Athletes
Schools are allowed to preserve sex-based restrictions for athletes provided they are "substantially related to the achievement of an important educational objective."
Private College Coaches' Flexibility to Eject Team Members Based on Condemnation by Teammates
"Coaches must generally consider a variety of factors—both objective and subjective—in managing a team, and these factors include concerns about distractions, team cohesion, and morale."
Title IX, Gender Identity, and the Consequences of Equity
Do the principles of Title IX in sports apply elsewhere?
Title IX: The New Shimmer of Statutes
It prohibits discrimination and mandates segregation.
En Banc Eleventh Circuit Rejects Legal Challenge to School District's Bathroom Policy
The Appeals Panel Rejects a Trangender Student's Bid to Use Bathroom Corresponding to the Student's Gender Identity Instead of Biological Sex.
The Sixth Circuit Denies En Banc Rehearing in Ohio State Title IX Case.
Judges on The U.S. Court of Appeals for the Sixth Circuit disagree over when Title IX claims accrue.
Are Men Done? They Are Failing at School, Work, and Life.
Richard V. Reeves documents terrible trends and suggests solutions that don't come at the expense of women.
District Court in Title IX Sexual Assault Case Rejects One-Sided Pseudonymity
"Plaintiff has sought to avail herself of the protections of anonymity (without prior Court order), all the while single-handedly precluding the Named Defendant from the ability to avail himself of similar protections."
The Education Department Asked for Public Comments on Sex Discrimination. It Got an Earful About Trans Athletes Instead.
Of the over 84,000 public comments available on the proposed Title IX regulations, a third included references to both “sex” and “sports.”
Biden Administration Guts Due Process Protections for Students Accused of Sexual Misconduct
Under the new regulations, Title IX investigators can deny students access to the evidence against them.
Religious Schools Needn't Follow New Title IX Gender Guidance To Stay in School Lunch Program
Plus: The Espionage Act is still bad, six more states could legalize recreational marijuana, and more...
5 Ways Biden's New Title IX Rules Will Eviscerate Due Process on Campus
The new rules would drop live hearings, bring back the single-investigator model, and limit accused students' options.
Title IX's 50th Anniversary Is a Dark Day for Due Process on Campus
The Biden administration just proposed new rules that would undermine basic fairness in college sexual misconduct disputes.
Title IX Didn't Make College Sports Equal, It Made Them Contentious
After 50 years, not only has Title IX failed to deliver on its promises for female athletes, it also made men's sports worse.
This Title IX Bill Would Undermine Due Process Rights for New Jersey College Students
The "victim-centered" training required by S.B. 2469 would compromise the impartiality of Title IX investigations.
California Considers Mandating Even More Sexual Harassment Training for College Students
The new law would require all state community college students to attend annual sexual harassment training.
Colorado Private Universities Have Contract & Tort Law Duties to Provide Fair Hearings to Accused Students
A "private educational institution owes a [tort law] duty, independent of any contractual promises, to adopt fair procedures and to implement those procedures with reasonable care when investigating and adjudicating claims of sexual misconduct by one student against another."
Johnny Depp and Amber Heard Demonstrate How Not To Handle a #MeToo Case
The torturous trial calls to mind Title IX investigations on college campuses.
Department of Education Prepares Rules Prohibiting School Discrimination Against Gay and Trans Students
It’s about a lot more than transgender girls’ participation in sports under Title IX, but expect that controversy to dominate the discussion.
Laura Kipnis on Lockdowns, #MeToo, and Sexual Paranoia on Campus
The essayist and cultural critic talked about her new book Love in the Time of Contagion, at a live event in New York City.
Laura Kipnis: How COVID Supercharged the #MeToo Movement
The Love in the Time of Contagion author says sexual paranoia is on the rise.
4 Years After the FCC Repealed Net Neutrality, the Internet Is Better Than Ever
Plus: Pfizer's new pill prevents severe disease from the omicron coronavirus variant, Boston University has a bizarre Title IX training module, and more...
When Does Government "Fairly Represent" Public Interest Groups' Views, Thus Barring Them from Intervening?
An important and interesting question, arising here as to Title IX, free speech, and due process, but relevant more generally as well (and now pending before the Supreme Court).
2 Women Dated for Years. After It Ended, JMU Said Their Relationship Was 'Nonconsensual.'
"I'm not the only person that's been in a situation like this before," says Alyssa Reid, a former employee of James Madison University.
20 States Sue Over Title IX Guidance on Gender Identity
Plus: Biden's Afghanistan speech, Texas abortion ban takes effect, Instagram's creepy new plan, and more...
Federal Judges Are Blocking State Anti-Trans Bills
Culture war bills signed into law in Arkansas, West Virginia, and Tennessee run afoul of Constitution, federal law.
Catherine Lhamon, Once and Future Title IX Czar, Says Campus Rules Don't Require 'Presumption of Innocence'
Her response to questions from the Senate HELP committee were disqualifying.
Catherine Lhamon, Obama's Title IX Enforcer, Just Got Her Old Job Back
Biden has tapped her to be assistant secretary for civil rights yet again.
Biden Threatens to Revive Kangaroo Courts in College Sexual Assault Cases
The president has ordered the Education Department to consider rescinding reforms aimed at protecting the due process rights of accused students.
Brown University Will Let Students Anonymously Report Title IX Sexual Misconduct
What could go wrong?
Joe Biden Has Vowed To Undo Betsy DeVos's Title IX Reforms. Can He?
The new president could weaken due process protections for accused students, but it won't be easy.
'This Building Has Caused More Problems Than It Solved'
Secretary of Education Betsy DeVos on schooling during COVID-19, the future of higher ed, and why her cabinet department probably shouldn't exist at all
Interesting New Title IX Sexual Assault Hearing / Sex Discrimination Opinion
"[P]laintiff has ... made a sufficient showing that defendant has threatened his academic future in violation of his rights to equal treatment regardless of his sex ...."
The Case Against Biden: Joe Biden's Politics of Panic
The former vice president has a long history of reckless responses to the menaces du jour.