August is upon us and millions of college students across the country will be beginning their fall terms, including many first-year students who have just become adults and have spent little time away from their families or communities. If you are a parent of an incoming student, you may be helping…
Articles Posted in Student Rights & Title IX
Title IX and Sexual Assault on College Campuses: Back to School Edition
Whether you are heading off to your first year of college, or are returning for your fourth (or sixth, or ninth) year of higher education, you are likely aware that sexual assault prevention is a big issue on college and university campuses today. We represent students—both those who have experienced sexual assault or misconduct and…
Massachusetts Should Join Other States in Banning Discrimination Based on Natural Hairstyles
This is Part 2 in a series. You can read Part 1 here. I previously detailed how existing anti-discrimination law is insufficient to protect employees and students who wear their hair in natural or protective styles from discrimination. A national campaign called the CROWN Act, has built an impressive coalition of…
Recent News Shines Spotlight on the Lack of Legal Protection Against Discrimination Based on Natural Hairstyles
This is Part 1 in a series. You can read Part 2 here. Last week Jon Oliver took a deep dive into Black hair, and the barriers people with natural and protective hairstyles face in the workplace, in schools, and elsewhere. His segment highlighted stories of a woman who was not hired because she wore her hair in locs, twins…
Freedom of Speech and Campus Discipline: What Rights do Students at Private Schools Have?
Freedom of speech on campus—the freedom to express opinions, including when they are unpopular—has long been a key principle of American academic institutions. Thomas Jefferson wrote to prospective members of the faculty of the University of Thomas Jefferson that the institution would be “based on the illimitable freedom of the…
Freedom of Speech and Campus Discipline: The First Circuit Highlights Limits on What Speech Public Schools Can Punish
We are going through an era of extraordinary political division. On college campuses as in broader society, both students and faculty are voicing widely differing views and beliefs. Colleges also have increasingly robust disciplinary rules applying to conduct including harassment, bullying, and discrimination that may be applied to conduct that…
Massachusetts Legislature Passes Campus Sexual Violence Bill
In a late-night session on the last night of the 191st General Court (our legislative session), the Massachusetts Legislature passed S. 2979, “An Act Relative to Sexual Violence on College Campuses.” This bill was the latest version of a bill that has been introduced, and had previously failed to pass,…
Will Bifurcating Sexual Misconduct Processes Help Schools Comply with Title IX?
As schools revamp their Title IX policies by August 14 to comply with the recently-enacted federal regulations, information about how those policies might look is starting to come to light. In recent weeks, a number of schools have made clear that—as my colleague predicted when the regulations came out—while they…
Why are the New Title IX Regulations 2000 Pages Long?
The Department of Education’s new Title IX regulations, which have now been officially published, run to over 550 pages of fine print in the Federal Register or over 2000 pages in regular font. Few people have the time or knowledge necessary to identify the most important parts of the regulations,…
U.S. Department of Education’s New Position on Transgender Athletes is a Radical Departure from Prior Interpretations of Title IX
Last month, the U.S. Department of Education (DOE) issued a letter to the Connecticut Interscholastic Athletic Conference (CIAC) and a number of Connecticut schools notifying them that their policy allowing transgender student athletes to play sports on the team that corresponds with their gender violates Title IX, and giving them…