Blog Archives

Dozens of Harvard Law Professors Publicly Criticize The University’s Revised Sexual Harassment Policy

It may seem surprising – but even one of the most prestigious universities in the country got mixed in the U.S. Department of Education’s recent enforcement efforts to combat campus sexual misconduct. To make matters worse, in addition to receiving scrutiny from the U.S. Department of Education, complainants, and accused students, Harvard, in a somewhat […]

High Court Will Decide Whether “Continuing Violation Theory” Applies to Fiduciary Breaches

A case recently landed on the U.S. Supreme Court’s docket that may have significant consequences for corporations that offer 401(k) or other benefit plans to their employees. On October 2, 2014, the Court granted a petition for a writ of certiorari in which 401(k) plan participants asked the Court to determine whether a fiduciary’s “continuing […]

Proposed Transgender Student-Athlete Policy Sparks Public Controversy in Minnesota

It looks like transgender students in Minnesota will have to wait a few more months to receive clarity on whether they can participate in school athletics and play on sports teams based on their preferred gender identity (instead of their assigned birth gender). On October 3, 2014, the Minnesota State High School League (the “League”), […]

U.S. Department of Education Promulgates Final Regulations Implementing Recent Clery Act Amendments

The U.S. Department of Education has issued final regulations implementing changes made to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“the Clery Act”) by Section 304 of the Violence Against Women Reauthorization Act of 2013 (“VAWA”), also known as the Campus Sexual Violence Act or Campus SaVE Act. As […]

Former OSU Band Director Files Title IX Lawsuit After Being Terminated By University

Over the past year, an exceptional number of colleges and universities have been accused (by both complainants and alleged wrongdoers) of mishandling complaints of sexual assault and sexual harassment in violation of Title IX. Now, in a somewhat unconventional case, one institution in Ohio is also facing a Title IX lawsuit recently filed by an […]

University of Florida Quarterback Is Reinstated After Accuser Withdraws Sexual Assault Complaint

James Ryan, the Partner-in-Charge of the Education Litigation Department of Cullen and Dykman LLP was recently featured in The Chronicle of Higher Education, regarding the highly publicized University of Florida (the “University”) case.[1] The case, involving Treon Harris, the quarterback of the University’s football team, comes amid a nationwide discussion about the alleged mishandling of […]

Governor Andrew Cuomo Proposes Plan to Combat Sexual Assault on SUNY Campuses

Governor Andrew Cuomo and the State of New York are the latest players to join the nation-wide movement to reduce the number of sexual assaults occurring at the country’s colleges and universities. On Thursday, October 2, 2014, Governor Cuomo approved the first-ever statewide policy addressing sexual assault on all sixty-four State University of New York […]

SEC Warns That Inadvertence is No Defense to Filing Violations

On September 10, 2014, the Securities and Exchange Commission (the “SEC”) announced that it charged six public companies and twenty-eight directors, officers, and significant shareholders with violating the prompt reporting requirements of the Securities Exchange Act of 1934 (the “Exchange Act”). The announcement reflects the SEC’s increasingly aggressive stance on minor securities violations. “The reporting […]

Student Forced To Wear “Shame Suit” After Violating School Dress Code

Another school year has begun and it seems like the debate over school dress codes shows no indication of stopping. The most recent dress code controversy to grab national attention involves fifteen-year-old Miranda Larkin, who moved into the Clay County school district just a few days before starting classes at Oakleaf High School in Orange […]

NCAA Passes Resolution Seeking To Clarify The Role of Athletic Departments in Campus Sexual Assault Investigations

On August 08, 2014, the Executive Committee of the National Collegiate Athletic Association (“NCAA”) passed a resolution (the “Resolution”) addressing how athletic departments should handle cases of sexual misconduct involving student athletes. “The committee, composed of 20 university presidents and chancellors, passed the resolution addressing sexual violence prevention and response at a time when questions […]