Higher Ed Counsel & Strategic Solutions

Title IX’s prohibition on sex-based discrimination includes an obligation to accommodate—and not discriminate against—students who are experiencing pregnancy or related conditions. Colleges and universities must ensure that pregnant students, and those who are lactating or recovering from childbirth or the termination of a pregnancy, are not excluded from participation, denied benefits, or subjected to discrimination in their education programs or activities while enrolled.

In recent years, the use of the term “rapist” on campus has sparked significant legal debate in Title IX higher education cases. Two notable cases, Nungesser v. Columbia University and the more recently decided Doe v. University of Maryland, provide contrasting judicial perspectives on this issue. In this legal update, we examine these cases, focusing on their legal reasoning, outcomes, and implications for educational institutions.

As civil rights compliance becomes increasingly complex and federal scrutiny continues, colleges and universities should consider reevaluating having separate approaches to handling complaints of Title IX (sex discrimination and harassment) and Title VI (race, color, national origin, and shared ancestry discrimination and harassment).

Just in time for back to school, Title IX Coordinators have one more item to add to their “to-do” list: updating their Title IX policies to reflect required definitions of certain sex offenses. Luckily, this is a relatively quick fix that may even slightly simplify your Title IX policies.