Tag: Title IX

Department of Education Moves Forward With Title IX Final Rule

On February 2, 2024, the Department of Education (ED) sent its highly anticipated Title IX final rule to the White House Office of Information and Regulatory Affairs (OIRA) for review. OIRA review is the final step before the Title IX rule is published. While ED’s final rule is being reviewed, the public is not provided... View Article

Biden Administration Releases Spring 2023 Regulatory Agenda

On June 14, the Biden administration released its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with an update on the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. This release serves as the first Regulatory Agenda for the 2023 year, setting target... View Article

HR and the Courts — January 2023

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Divided Court of Appeals Rules That Separating Bathrooms By Biological Sex Does Not Violate the Constitution or Title IX — Transgender Student’s Discrimination... View Article

Fall 2022 Regulatory Agenda Targets Release Dates for DOL’s Overtime Proposal and Final Title IX Rule

On January 4, 2023, the Biden administration released the anticipated Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with a detailed glimpse into the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. Agendas are generally released in the fall and spring and set... View Article

HR and the Courts – October 2022

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. University’s Internal Investigation of Pay Equity Claims Protected By Attorney-Client Privilege — EEOC Fails In Attempt to Require Disclosure of Documents  A federal district... View Article

CUPA-HR Submits Comments in Response to Title IX NPRM

On September 12, CUPA-HR submitted comments in response to the Department of Education (DOE)’s Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM seeks to rollback and replace the Trump administration’s 2020 Title IX rule, specifically with respect to its grievance procedures, and establish expanded protections against sex-based discrimination to cover sexual orientation,... View Article

August Recess Roundup: Congressional and Regulatory Updates

When August arrives, Congress leaves D.C. and heads to their home districts for the annual August recess period. To keep CUPA-HR members apprised of recent and future actions on the Hill and in federal agencies, here are highlights of the latest actions by Congress, nominations they’ll have to consider when they return, and regulations that... View Article

HR and the Courts – July 2022

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Long Awaited Title IX Regulations Issued On Thursday, June 23 the Biden administration’s Department of Education issued its long anticipated new Title IX... View Article

Department of Education Releases Title IX Proposed Rule

On June 23, the Department of Education released the highly anticipated Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM proposes to replace the Trump administration’s 2020 Title IX rule and establishes safeguards for transgender students by proposing a ban on “all forms of sex discrimination, including discrimination based on sex stereotypes, sex... View Article

Tools to Build a Harassment-Free Higher Ed Workplace

Sexual violence is a multi-faceted and difficult topic. Higher ed institutions either enter the conversation before an event of sexual violence has occurred or after it has occurred, leaving the institution scrambling for answers to the campus community as to why it happened in the first place. As part of upcoming Sexual Assault Awareness Month... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. U.S. Supreme Court to Review Harvard and UNC Affirmative Action Admission Policies In Consolidated Case  The U.S. Supreme Court agreed to hear and... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Union Leaders Are Split Over Vaccine Mandates  After a year of cooperation with union leaders over health and safety measures promoting worker safety... View Article

Biden Announces COVID-19 Vaccination Mandate for All Federal Employees and Certain Federal Contractors

On Thursday July 29, President Biden announced the release of preliminary guidelines for a COVID-19 vaccination mandate for all federal employees. This decision is Biden’s most recent effort to promote vaccination nationwide and combat the spread of the Delta variant. Overview of Vaccination Mandate Guidelines Every federal government employee and onsite contractor will be asked to attest... View Article

Department of Education Issues Q&A on Title IX Regulations

On July 20, the Department of Education’s Office for Civil Rights (OCR) issued a questions-and-answers (Q&A) resource. According to a press release from OCR, “the Q&A clarifies how OCR interprets schools’ existing obligations under the 2020 amendments” and includes an appendix, which “responds to schools’ requests for examples of Title IX procedures that may be... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Supreme Court Agrees to Review First Amendment Free Speech Case Filed by Community College Trustee Opposing His College Board’s Decision to Censure Him ... View Article

Executive Order Directs Review of Trump Administration’s Title IX Rule

On March 8, President Biden issued an Executive Order (EO) titled, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity.” The EO sets forth the administration’s policy that “all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Courts Revisiting Telework as a Reasonable Accommodation Under the ADA — Asthmatic Employee Awarded COVID-19 Related Telework Accommodation by Federal Court as a... View Article

Department of Education Finalizes New Rule

On September 9, U.S. Secretary of Education Betsy DeVos announced the publication of a final rule that implements President Trump’s Executive Order 13864, Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities. The new rule conditions federal research or education grants on compliance with the First Amendment for public institutions and compliance with stated... View Article

Title IX Final Rule – 10 Things You Need to Know

The content in this blog post is for general information purposes only and should not be considered legal advice.  Higher ed HR pros are working tirelessly to update institutions’ policies and procedures after the sudden shift of work operations as a result of the public health crisis. On top of this workload, institutions must now... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Court: Mere “Awareness” of an Employee’s Disability Does Not Ordinarily Satisfy the ADA Request Requirement The U.S. Court of Appeals for the D.C.... View Article

Alert: Department of Education Unveils Final Rule on Title IX

Key Issues CUPA-HR > Title IX Department of Education Unveils Final Rule on Title IX May 6, 2020 (WASHINGTON INSIDER ALERT) - Today, the U.S. Department of Education (ED) unveiled a final rule changing how colleges and universities must handle allegations of sexual assault and harassment under Title IX of the Education Amendments of 1972.... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Federal Courts Split on Whether Title IX Provides a Separate Litigation Remedy for Education Workers for Sex Bias in Addition to Title VII... View Article

Higher Ed Challenges Are Our Challenges!

To fully understand and embrace the changing role of higher ed HR, we must first acknowledge and connect our work to the most pressing challenges of our institutions. At CUPA-HR’s national board of directors meeting in July, we asked the board to identify the most pressing challenges their colleges and universities face. We asked the... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: University Volleyball Coaches Lose Age and Sexual Orientation Discrimination Termination Lawsuit The University of Delaware’s head women’s volleyball coach (age 55) and 56-year-old... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Courts Move in Different Directions in Enforcing Agreements to Arbitrate The courts continue to move in different directions when it comes to enforcing... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: U.S. Court of Appeals Reverses Dismissal of ERISA Class-Action Lawsuit Against University of Pennsylvania and Orders the Case to Be Reinstated In a... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Federal Court Rules Professor’s Claims That Title IX Investigation Was Flawed and Gender-Biased Should Proceed to Discovery and Possible Trial, and His Defamation... View Article

HR and the Courts

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Court Decision Suggests That Continued Attempts to Accommodate a Disabled Employee, Even After an ADA Lawsuit Is Filed, Might Reduce or Eliminate an... View Article

CUPA-HR Submits Comments on Proposed Rule Amending Title IX Regulations

On January 30, CUPA-HR submitted comments on the U.S. Department of Education’s proposed rule aimed at changing how colleges and universities must handle allegations of sexual assault and harassment under Title IX of the Education Amendments of 1972. Title IX prohibits discrimination on the basis of sex in education programs and activities that receive federal... View Article

5 Public Policy Issues That Could Impact Higher Ed This Year

During the recent Quarterly Washington Update webinar, CUPA-HR’s government relations team provided an overview of the current federal legislative and regulatory landscape, as well as details on the issues that may impact your campus and higher ed institutions across the country. Here are some of the top issues: 1) Pro-Union Legislation Democrats renamed the Education... View Article

HR and the Courts – Recent Rulings and Legislation

Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Georgetown Becomes Fifth University to Prevail in ERISA Breach of Fiduciary Duty Allegations Concerning Pension Plan Administration Georgetown University recently prevailed in a... View Article

4 Ways to Mitigate Risk Related to Sexual Misconduct and Harassment on Campus

When it comes to creating a safe, inclusive, equitable campus, culture is the bottom line. But changing the culture and transforming the mindset of an enterprise as large and complex and multifaceted as a higher education institution certainly doesn’t happen overnight — it’s a slow and steady journey. While helping their colleges and universities navigate... View Article

How Institutions Are Leveraging Partnerships and Education to Address Sexual Harassment and Assault on Campus

The “Me Too” movement has prompted a heightened awareness of and national conversation around unequal treatment and inappropriate or criminal sexual conduct in the workplace, and many colleges and universities have strengthened their resolve to eliminate these unacceptable behaviors on their campuses. To create an environment where harassment, incivility, inequality and bias are neither welcome... View Article

Strategies for Eliminating Sexual Harassment in Higher Ed (and It’s Not Simply More Training)

“Philosopher Accused of Sexual Misconduct” “Former Sports Doctor Pleads Guilty to Sexual Assault” “Title IX Complaints Filed Against Creative-Writing Professor” “Fifteen Students and Post Docs Issue Statement That Three Professors Created a Hostile Academic Environment in Which Sexual Harassment Is Normalized” “Reports of Sexism in a University Academic Department” “Tenured Professor Sexually Harassed Graduate Student... View Article

Title IX and Sexual Harassment
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Title IX of the Education Amendments of 1972, or simply Title IX, prohibits sex-based discrimination in all programs and activities that receive financial assistance from the U.S. Department of Education. Title IX states that: “No person shall, on the basis of gender, be excluded from participation in, be denied the benefits of, or be subjected to... View Article

How to Conduct a Thorough Title IX Investigation

At CUPA-HR’s annual conference last fall, two Title IX coordinators from Rosemont College — Jane Federowicz and Matthew Baker — shared their outline for training Title IX investigators on campus (you can read about that in this blog post). Here, they continue the conversation and share the steps they take when investigating Title IX claims... View Article

Traits and Training for Title IX Investigators

Two Title IX coordinators from Rosemont College in Pennsylvania — Jane Federowicz, assistant vice president for human resources and Title IX coordinator, and Matthew Baker, training officer and deputy Title IX coordinator — shared in a CUPA-HR annual conference session their outline for training Title IX investigators and conducting investigations on campus. The pair shared some essential... View Article

Best Practices in Training and Compliance Around Title IX

Increasing reports of sexual violence on college campuses across the nation have brought the subject out of the shadows and into the light. Whether it’s that sexual assaults are increasing in frequency or just that more people are coming forward to report such incidents, it’s an issue that must be addressed. So what actions can... View Article