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STUDENTS’ RIGHTS: DIVERSITY EQUITY AND INCLUSION PROGRAMS IN LIGHT OF THE SUPREME COURT’S AFFIRMATIVE ACTION OPINION

Litigation By Binnall Law Group - 2023/08/03 at 01:41pm

It is now common knowledge that on June 29, 2023, the Supreme Court outlawed affirmative action in college admissions, insofar as it held that race preferencing for the purposes of increasing “diversity” violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Right Act. Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll., 143 S. Ct. 2141 (2023). The Court ruled that colleges and universities could not sufficiently justify preferencing certain races over others, by any interest in increasing the “diversity” of the student body or by remedying generalized societal discrimination. While […]

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An Analysis of Title IX Regulations by a Title IX Attorney

Litigation By Binnall Law Group - 2023/06/01 at 10:12am

On August 14, 2020, the Department of Education’s revised Title IX regulation, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” took effect consisting of 27 due process provisions. All 27 major provisions of the 2020 regulation were affirmed by and/or consistent with at least one judicial decision. SAVE reviewed and analyzed 175 of those judicial decisions with outcomes favorable to accused students, suggesting that courts have become increasingly skeptical of university disciplinary procedures.   Although courts seem to be taking off the rose-colored glasses, there are essential provisions covered in the 2020 regulations that […]

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Title IX Attorney Discusses OCR Complaint that Alleges Stanford Discriminates Against Males On the Basis of Sex 

Litigation By Binnall Law Group - 2023/05/11 at 10:34am

It should surprise no one that across America there are far more university programs for women than there are for men. What may surprise people, however, is that there are more women on campus than men and that each year more and more women go to college than men. This may cause some to wonder – is this continued unequal support for women rather than men equitable?   Addressing this issue, in 2019, Kursat Pekgoz and James Moore filed a complaint against Stanford University with the Department of Education’s Office of Civil Rights (OCR). The complaint alleges Stanford violated Title IX […]

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