Legal Updates

What follows are regulatory updates, as well as instructive legal case updates that we hope will provide a useful education for the common good. 
 

Legislative and Regulatory Updates

On August 24, 2021, the Department of Education’s Office of Civil Rights (OCR) issued guidance on the effect a recent federal court decision has had on the 2020 amendments to Title IX. In Victim Rights Law Center et al. v. Cardona, the court held that portions of the 2020 amendments are arbitrary and capricious. Specifically, the court vacated a provision which prohibits an institution from relying on any statement of a party or witness who does not submit to cross-examination at a live hearing. According to the guidance from OCR, institutions are now free to consider any statement that is otherwise permitted, regardless of whether the parties or witnesses submit to cross-examination. This provision in the 2020 amendments had been the subject of much criticism from those who feared that it would unnecessarily restrict textual evidence, such as police reports, medical reports and text messages, and could provide a free pass to a party who made a damaging statement.

Legislative and Regulatory Updates

Supreme Court Ruling Will Change NCAA Rules: The Supreme Court unanimously ruled in favor of students seeking to overturn an NCAA ban on compensation for educational-related benefits. The ruling permits payments for things like graduate or vocational school scholarships, payments for computers, tutoring and education expenses, but does not permit schools to compensate athletes for non-educational expenses.

DOJ Issues Memo on LGBTQ Rights Under Title IX: The memo states that the Civil Rights Division of the Department of Justice finds that the Supreme Court’s decision in Bostock v. Clayton County is applicable to Title IX. Under this interpretation, Title IX’s prohibition on discrimination “on the basis of sex” necessarily includes discrimination on the basis of sexual orientation and gender identity. Secretary of Education Miguel Cardona has since stated his agreement with the interpretation, but the Department of Education has not issued updated guidance at this time.

Dickinson College’s Sexual Harassment and Misconduct Policy already prohibits discrimination on the basis of sexual orientation and gender identity. But this interpretation could lead to a broader acceptance of this standard at other institutions.

If you have any questions please contact our office at legal@dickinson.edu