Important Title IX Decision Involves Unnamed Fraternity Parties

Tim Burke, Manley Burke, tburke@manleyburke.com The U.S. Court of Appeals has affirmed the denial of Kansas State University’s Motions to Dismiss in a consolidated case that will likely have a lasting impact in how colleges and universities handle claims of...
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Update: Harvard Files Answers to Lawsuits

Sean Callan, Manley Burke LPA, sean.callan@manleyburke.com On February 8, 2019, Harvard College filed motions to dismiss two lawsuits against it, one in Massachusetts state court (“State Motion”) and the other in the United State District Court for the District of...
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Two Lawsuits Filed Against Harvard

Tim Burke, Manley Burke, tburke@manleyburke.com On December 3, 2018, two separate lawsuits, one in federal court and one in state court, were filed against Harvard by several Fraternities and Sororities. The suits challenge Harvard’s controversial decision to penalize students who...
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Were Single Sex Fraternities Bullied Off Campus at UMW?

Susan C. Stone & Kristina Supler, Student & Athlete Defense/Title IX Practice Group, Kohrman, Jackson & Krantz, LLP, scs@kjk.com & kws@kjk.com College campuses have long been known as incubators for political values. From 1960s sit-ins against the Vietnam War to...
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Male Assailants Claim Victimization Against Their Universities

Ilana Linder, Manley Burke, ilinder@manleyburke.com Over the last few years, there has been an increase in the number of lawsuits filed by male students against their universities in which a claim of gender bias in the school’s handling of sexual...
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Non-binary Gender in a Binary System

Sean Callan, Manley Burke, sean.callan@manleyburke.com Leaders of Greek letter organizations continue to grapple with the question of what it means to be a single-sex organization.  Specifically, what does “single-sex” mean in a world in which people identify and express themselves...
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Two Cases Highlight The Courts' Difficulty Resolving Due Process Challenges

Tim Burke, Manley Burke, tburke@manleyburke.com Two recent court decisions, both involving the University of Cincinnati (UC), demonstrate the challenges, even the courts are having in attempting to balance the important need of addressing sexual assault on campus with the need...
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Title IX and Equitable Investigations for the Accused

Amy Hebbeler, Manley Burke, amy.hebbeler@manleyburke.com Both the complainant and the accused deserves an equitable investigation.  In regards to Title IX, it is rare that an investigation is prompted by the accused and more importantly, the accused is almost never successful....
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Elections Have Consequences for Fraternal Law Too

Micah Kamrass, Manley Burke, mkmrass@manleyburke.com Like all other fields of law, fraternal law is highly dependent on our government decision makers. Congress passes laws, which are then enforced by the President and the Presidential appointees in the Executive Branch. Ultimately,...
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Harvard Ignores Title IX Exemption

Tim Burke, Manley Burke, tburke@manleyburke.com Harvard University’s final report of its Task Force on the Prevention of Sexual Assault, March 7, 2016, begins “Sexual Assault exacts a profoundly negative personal and academic toll on those students who experience it.”  Who...
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But the University of North Carolina is Not

Tim Burke, Manley Burke, tburke@manleyburke.com At lightning speed for a legislative body, North Carolina’s legislature, in a one-day special session, adopted a state law (HB2) prohibiting transgender individuals from using any bathroom other than the one that conforms to their...
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Federal Suit Filed Against MSU and Kappa Sigma

Tim Burke, Manley Burke, tburke@manleyburke.com The Michigan State University Board of Trustees, two university officials, and Kappa Sigma Fraternity, face a federal court lawsuit.1  Four female students from Michigan State claim the University failed to appropriately investigate and respond to...
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Religious Freedom or Religious Discrimination

Tim Burke, Manley Burke, tburke@manleyburke.com The adoption of the Religious Freedom Restoration Act by the State Legislature of Indiana and its signing by Governor Mike Pence has generated substantial controversy among the higher education community and the fraternity world. The...
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The Rights of Accused Students

Michael Allen & Joshua Adam Engel The national controversy about the responses of colleges and universities to sexual assaults on campuses continues to grow.  After years of criticism for being too lax on campus sexual assault, on April 11, 2011,...
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A View From the Ground

Kate Lawson, Xavier University Title IX Coordinator Prior to becoming Xavier University’s Title IX Coordinator, I represented victims of sexual violence as they participated in university complaint resolution processes, worked with their universities to address their safety, housing, and academic...
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A Note Regarding "Implementing a Transgender Membership Policy"

Tim Burke, Manley Burke, tburke@manleyburke.com The article by Stevie Tran and Nathan Arrowsmith offers a valuable perspective on the transgender issue.  While it accurately reflects the fact that this is a rapidly developing area of the law, there remains substantial...
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Transgender Membership and Title IX

Stevie Tran Many fraternal organizations have encountered the situation where a chapter wishes to extend membership to a transgender student. Others have had alumni who notified the national organization of a legal gender change. What should an organization do? And...
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"Dear Colleague" Letter Creates Controversy

Tim Burke, Manley Burke, tburke@manleyburke.com Some studies project that as many as 25% of female college students are victims of inappro­priate sexual contact during their student years. Sexual as­sault can of course happen to a male, but the victim is...
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GENDER THEN AND GENDER NOW: WHAT HAPPENS IF

David Westol It is not a topic that is often discussed at conferences or interfraternal gatherings.  Yet, most chief executive officers and executive directors of men’s national fraternities have encountered the situation in which an alumnus has written a letter...
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Update on AEPi’s Case Against CSI

Oral argument is set for March 1, 2006 in AEPi’s case against City University of New York College of Staten Island (“CSI”).  As previously reported here, at issue is whether CSI can legally require all recognized student organizations to accept...
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