News & Insight

Monthly Archives: September 2017

Sessions Calls for a “National Re-Commitment to Free Speech on College Campuses”

On Tuesday, Attorney General Jeff Sessions sharply criticized what he considers incidents of college and universities suppressing free speech, creating “echo chambers” on campus, limiting student expression to “free speech zones,” and allowing protestors to shut down speakers they disagree with by using threats of violence.  While comparing mask-wearing, so-called, […]

  Sep 27, 2017  |  By    |   On Education

Interim Title IX Guidance Released: Making Sense of New Interpretations and Ongoing Responsibilities

With Jonathan Helwink On Friday, the Department of Education released a “Q&A on Campus Sexual Misconduct” along with a letter from Acting Assistant Secretary of the Office for Civil Rights, Candice Jackson withdrawing the Department’s 2011 “Dear Colleague Letter on Sexual Violence” and the 2014 “Q&A on Title IX and […]

  Sep 24, 2017  |  By    |   On Education

New Guidance Looks Likely to Adopt ‘Clear and Convincing’ Standard

The Wall Street Journal reported on Wednesday this week that the Department of Education will issue interim guidance on handling sexual assault investigations on college campuses in the next week or two.  Despite not reporting all of what the interim guidance will include, the Journal did report on one of […]

  Sep 14, 2017  |  By    |   On Education

Six Takeaways from Secretary DeVos’ Title IX Speech

  With Jonathan Helwink On September 7th, Secretary of Education Betsy DeVos delivered an address regarding the Department’s revised approach to Title IX enforcement.  Announcing the goal of “getting it right” on Title IX, DeVos indicated a new phase of Title IX enforcement.  Here are six key takeaways from her […]

  Sep 7, 2017  |  By    |   On Education

When the College Responds to a Crisis: Hurricane Season and Preparing for the Next Disaster

Written with Dennis Cariello. As the U.S. prepares for another hurricane later this week and as residents of Houston begin the long process of recovery, colleges and universities have found themselves in a most difficult situation.  While managing the hurricane’s effects on campus and attempting to account for all of […]

  Sep 5, 2017  |  By    |   On Education

Smart Steps to Take Now to Avoid Title IX Litigation

For those of us who are fans of Game of Thrones, we know that “Winter is Coming.”  The same can be said of federal Title IX policy:  “Change is Coming.”  But as we await further direction from the Trump Administration, change has already arrived in the surge of Title IX […]

  Sep 1, 2017  |  By    |   On Education