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Education Law,
Criminal

Jan. 20, 2017

Due process and on campus sexual assault

Four prominent cases, one expected within about the next 12 months, may contain critical guidance to public and private institutions of higher education on how to navigate this area.

David Urban

Senior Counsel
Liebert Cassidy Whitmore

Email: durban@lcwlegal.com

David Urban, senior counsel at Liebert Cassidy Whitmore, represents public and private educators as well as public agencies in all aspects of labor and employment law.

One of the most contentious issues in higher education continues to be how to punish and deter student-to-student sexual assault, protect students and assault survivors, and at the same time fully respect the legal rights of all concerned. Title IX of the Education Amendments of 1972 prohibits institutions of higher education from discriminating "on the basis of sex." The federal Department of Education, Office for Civil Rights (OCR) has in recent years aggressively applied this law to com...

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