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BETSY DEVOS' PROPOSED RULE CHANGE WILL AFFECT TITLE IX AND THE CONTINUING VIOLATION DOCTRINE

By Jonathan Cook

Barry Bridges’ recent LAWYERS WEEKLY story, “‘Continuing violation doctrine’ can defeat Title IX limitations defense” sheds light on a recent decision by the 1st Circuit’s U.S. District Court Judge John J. McConnell to allow certain claims of sexual harassment to survive the three-year statute of limitations. See highlighted text for my comments:

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For full story visit: RI LAWYERS WEEKLY here

But what if the Department of Education’s proposed rule changes preclude certain claims from ever being documented and investigated? Betsy Devos’ proposed removal of the requirement for colleges and universities to address sexual misconduct occurring off-campus, even between two students of the same school, will preclude off-campus conduct from factoring into the continuing violation doctrine. If schools have no duty to investigate such conduct, none will be documented.

Remember: although it is extremely important to hire an experienced Student Defense Attorney as early in Campus Disciplinary Proceedings as possible (as soon as a notice of charges is received, if not before), it is never too late. Whether a student has already been sanctioned and is in the appeals stage or even after an appeal has been denied, a lawyer with extensive experience representing and defending college students can offer invaluable help.

Jonathan Cook at New England Student Defense has represented over 150 students at Colleges and Universities nationwide from Yale University and Georgetown University to the University of Houston and Tulane University.  

These materials have been prepared by SRT for informational purposes only and are not intended and should not be construed as legal advice.

Jonathan Cook