Category: Education
New Religious Liberty Guidance Issued by Justice Department: What are the Ramifications for Colleges?
On October 6th, Attorney General Jeff Sessions published guidance issued to all federal administrative agencies and departments interpreting religious liberty protections under federal law. The memorandum, delivered pursuant to President Trump’s Executive Order in May, interprets existing protections of religious liberty and identifies twenty high-level principles that federal departments and […]
Criminal Charges Against College Basketball Coaches: Are Major Changes Ahead for College Sports?
With Jay Rossello. On September 26th, federal officials announced criminal charges against ten individuals, including four college-basketball coaches. The charges included bribery, corruption, and fraud. To some, the charges are a black eye on college basketball, but not an indicator of systemic problems with the NCAA. For others, the charges […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
Confronting the Past, Preparing for the Future: Best Practices for Colleges with Controversial Statues on Campus
Written with Debbie Osgood Over the past few weeks, colleges across the country have been confronting an issue that vexes even the best academic: the past. Colleges from Texas to North Carolina are grappling with the issue of monuments and statues that, to some, glorify a racist past in American […]
Upholding Title IX Principles in Collegiate Athletics
Written with Debbie Osgood [1] Title IX of the Educational Amendments of 1972 prohibits sex discrimination, including sexual harassment and sexual violence, in educational institutions that receive federal financial assistance. Complementing Title IX at the federal level are the Clery Act and the Violence Against Women Act, both of which […]