Despite 18 attorneys general, including Delaware, Pennsylvania, New York, and Washington, DC, vigorously challenging the substance of the new Title IX Regulations (the Final Rule) and its August 14 effective date by filing a Motion for Preliminary Injunction, two days before the regulations were set to take effect, federal District Court Judge Carl Nichols issued an opinion denying the injunction. The U.S. Department of Education (DOE) released an unofficial version of the Final Rules…

A Closer Look: Internal Investigations

State Attorneys General First to Formally Challenge New Title IX Regulations

By Brionna Denby

June 11, 2020

While many individuals and organizations have provided commentary and criticism over the revised Title IX regulations (the Rules) released in early May amidst the COVID-19 pandemic, 18 states’ attorneys general have collaborated to file suit challenging the changes to the Rules. The suit filed on June 4, 2020, in the U.S. District Court for the District of Columbia is believed to be the first to challenge the controversial revisions to the Title IX regulations. The…

A Closer Look: Internal Investigations

Yes, It’s True: Department of Education Issues Title IX Regulations During a Pandemic

By Shanlon Wu

May 7, 2020

Who would have thought in the fall of 2019, when we were all waiting with bated breath for U.S. Secretary of Education Betsy DeVos to issue the new Title IX regulations that the regulations would instead be issued in the spring during a pandemic? Yes, indeed— the new Title IX regulations are here and have arrived when all students and educators are working remotely. Of particular note: Cross-Examination: Cross-exam is now permitted by “advisors” to…

A Closer Look: Internal Investigations

Correspondence Encourages the DOE Not to Release New Title IX Regulations Amidst the COVID-19 Pandemic

By Kate Emert Gleason

April 9, 2020

Just a few short weeks ago, college students were in the midst of their spring semester, contemplating spring break, finals, graduation, and athletic conferences. At the same time, members of higher education institutions anticipated the release of the Department of Education’s (DOE) final version of the proposed Title IX regulations. As of the beginning of the year, the DOE sent a finalized version of the regulations to the White House Office of Management and…

A Closer Look: Internal Investigations

New Title IX Enforcement Initiative to Address Sexual Misconduct in K-12 Public Schools

By Brionna Denby

February 28, 2020

This week, the United States Department of Education (DOE) announced a new Title IX enforcement initiative led by the DOE’s Office for Civil Rights (OCR) to combat the rise of sexual harassment, sexual assault, sexual misconduct, and sexual violence incidents occurring in elementary and secondary (K-12) public schools involving both student-on-student and staff-on-student incidents. OCR is an enforcement arm of the United States Department of Education which enforces a number of civil rights laws in…

A Closer Look: Internal Investigations

House Reps Introduce Last-Minute Bill That Would Block Proposed Title IX Regulations Before Their Imminent Release

By Kate Emert Gleason

January 6, 2020

In November 2018, the U.S. Department of Education (DOE) proposed new Title IX regulations concerning sexual harassment, including sexual assault, and received over 100,000 comments during the public comment period. As of today, the regulations have not been finalized. However, four congresspersons recently introduced legislation in the House of Representatives that would prohibit implementation of the proposed Title IX regulations. The bill, H.R. 5388, introduced by Representative Elissa Slotkin and co-sponsored by Representatives Ayanna…

A Closer Look: Internal Investigations

Top Ten Pitfalls of Title IX Investigations and How to Avoid Them

November 8, 2019

Fall is here and in full swing! Many of us thought that as we sipped hot apple cider and watched the leaves on the trees change color, we would also be mulling over the new regulations issued by the U.S. Department of Education. Betsy DeVos’ timetable is clearly not ours. While we wait for the regulations to be issued, let us look at our current Title IX investigations and what we can do to improve…

A Closer Look: Internal Investigations

PA Colleges and Universities Must Implement Online Anonymous Reporting System and Adopt Victims Bills of Rights Policy under New Law

By Christopher D. Carusone

July 15, 2019

Cohen Seglias Summer Associate Alexandra M. Aversa also contributed to this article. On July 8, 2019, Pennsylvania Governor Tom Wolf signed two campus safety initiatives into law to combat sexual violence and increase campus safety at Pennsylvania colleges and universities. The two initiatives are a part of Act 16 of 2019 (HB 1615), an omnibus education bill that was signed into law on June 28, 2019. Governor Wolf said that this new law was…

A Closer Look: Internal Investigations

Tips for Representing Clients in OAG Consumer Protection Investigations

By Christopher D. Carusone & Steven M. Williams

January 11, 2019

This article originally appeared in The Legal Intelligencer on January 9, 2019. The Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL), 73 P.S. Section 201-1 et seq., and the Administrative Code of 1929, specifically 71 P.S. Section 307-3, vest the Pennsylvania Office of Attorney General (OAG) with the power to investigate “unfair methods of competition” and “unfair or deceptive acts or practices” by companies doing business in Pennsylvania. The statutory definition of these phrases…

A Closer Look: Internal Investigations

Changes Ahead: Department of Education Proposes Revisions to Title IX Regulations

By Catherine Nguyen & Kate Emert Gleason

December 13, 2018

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 regulation. In the past, guidance has only been available through informal resources, such as the 2011 Dear Colleague Letter and the 2014 Guidance/Q&A. As discussed in previous blog posts, these new regulations, if adopted, would constitute a substantial departure from prior…

A Closer Look: Internal Investigations

Legal Blog with Information & Resources on Internal Investigations

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The Regulations Remain – Federal Judge Denies State AG’s Challenges to the New Title IX Regulations

State Attorneys General First to Formally Challenge New Title IX Regulations

Yes, It’s True: Department of Education Issues Title IX Regulations During a Pandemic

Correspondence Encourages the DOE Not to Release New Title IX Regulations Amidst the COVID-19 Pandemic

New Title IX Enforcement Initiative to Address Sexual Misconduct in K-12 Public Schools

House Reps Introduce Last-Minute Bill That Would Block Proposed Title IX Regulations Before Their Imminent Release

Top Ten Pitfalls of Title IX Investigations and How to Avoid Them

PA Colleges and Universities Must Implement Online Anonymous Reporting System and Adopt Victims Bills of Rights Policy under New Law

Tips for Representing Clients in OAG Consumer Protection Investigations

Changes Ahead: Department of Education Proposes Revisions to Title IX Regulations

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