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  • Monthly Archives: May 2014

    Recent Cyberbullying Tragedy Raises The Question: Who Should Be Held Accountable?

    Nineteen year old, Alyssa Funke committed suicide on April 16, 2014 after being berated by cyber bullies over her choice to partake in a pornographic film. This is the latest tragedy to raise legal questions about how to combat cyberbullying. Although investigations continue in Washington County, Minnesota, police say the brutal harassment Alyssa Funke endured […]

    Standing Committee Meets About the Proposed Amendment to the Federal Rule of Civil Procedure 37(e)

    On May 29 and 30, 2014 the Standing Committee on Rules of Practice and Procedure is meeting and may approve the proposed changes to Fed. R. Civ. P. Rule 37 (e) made by the Advisory Committee. The Advisory Committee on Civil Rules announced in April, 2014 its proposed changes for the new rule 37 (e) […]

    Legal Challenges to the Contraception Mandate of the Patient Protection and Affordable Care Act: An Overview

    A number of lawsuits have been commenced which challenge the legality of the Patient Protection and Affordable Care Act (“PPACA”). These lawsuits are primarily aimed at the government’s ability to enact the law and enforce its provisions—however, many of them focus on the Act’s requirement that employers provide insurance plans that cover a number of […]

    Recent Federal Guidance on Title IX and Sexual Violence

    Over the last several weeks, colleges and universities have been inundated with new Title IX and sexual violence guidance and enforcement decisions to digest.  First, the U.S. Department of Education’s Office for Civil Rights (“OCR”) found Tufts University to be in violation of Title IX despite the fact that the parties previously had entered into […]

    UPDATE: Tufts Reverses Position and Re-executes Title IX Resolution Agreement with OCR

    We recently reported that on April 26, 2014, in response to the U.S. Department of Education’s Office of Civil Rights (“OCR”) finding that Tufts University remained in violation of Title IX, Tufts informed OCR that it was revoking a previously executed resolution agreement.[1]  According to Tufts, at the time the resolution agreement with OCR was […]

    U.S. Department of Education Releases List of 55 Higher Education Institutions Under Title IX Investigation

    On May 01, 2014, for the first time, the U.S. Department of Education released a list of 55 colleges and universities currently under investigation for allegedly mishandling complaints of sexual assault and sexual harassment in violation of Title IX. Title IX is a federal law that prohibits discrimination on the basis of sex in any […]

    U.S. Department of Education Finds Tufts University To Be In Violation of Title IX

    On Monday, the U.S. Department of Education found Tufts University to be in violation of Title IX due to its mishandling of sexual assault and sexual harassment complaints. The Department’s recent finding stems from a formal Title IX complaint that was filed by a Tufts student in 2010 alleging that the school did not promptly […]