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Briefing

What Now? Title IX in the Aftermath of Tennessee v. Cardona

January 24, 2025 | 12:00 pm – 12:30 pm EST

Event Details

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About this Event

The policy pendulum of Title IX continues to swing, and this time it has swung back to 2020. On January 9, 2025, the U.S District Court for the Eastern District of Kentucky issued its decision in Tennessee v. Cardona, granting summary judgment in favor of the plaintiff states of Kentucky, Virginia, Indiana, Tennessee, and West Virginia, and vacating the 2024 Final Rule. The Court found that that U.S. Department of Education exceeded its authority in implementing the regulations and that the Final Rule and its corresponding regulations also violate the U.S. Constitution. Although the primary thrust of the challenge was to the inclusion of “gender identity” as a protected category within sex-based harassment, the decision impacts additional changes brought about by the Final Rule including those pertaining to handling grievances, training, recordkeeping, processing complaints, as well as the extended protections for pregnancy and related conditions.  

Please join us for a 30-minute briefing during which NACUA member-experts will provide an overview of Tennessee v. Cardona, its implications for Title IX in postsecondary education, and practical pointers for steps you can take now. The briefing will be of interest to counsel and their campus colleagues who work in Title IX and other antidiscrimination offices.  

Speakers

Joshua Richards

Saul Ewing

Philadelphia office of Saul Ewing

Josh Richards is a partner at the Philadelphia office of Saul Ewing. He is Vice-Chair of the Firm’s Litigation Department and Co-Chair of the firm’s Higher Education Practice, which has handled more than a thousand matters of all shapes and sizes for colleges and universities. 

Josh approaches his work from a mission-driven perspective and strives to provide practical advice that protects educational institutions without compromising their ability to fulfill their primary purposes. Josh brings this understanding and approach to matters involving employment disputes, student conduct, discrimination/harassment, faculty relations, board governance, financial exigency, accreditation, minors on campus, and civil tort claims, including student death and abuse matters. In addition, he regularly conducts on-site training sessions for higher education clients regarding a variety of compliance issues, including Title IX and the Clery Act. 

Josh is a graduate of Middlebury College and the University of Pennsylvania Law School. He served a three-year term (FY 2019-2022) on the Board of Directors of the National Association of College and University Attorneys (NACUA) and is on NACUA’s Committee on Program for Annual Conference. 

Bindu Jayne

Rowan University

Bindu Jayne has worked for over fifteen years in the civil rights, compliance, and equity space in higher education at such institutions as Swarthmore College, the University of Delaware, Appalachian State University, and Rowan University.  At each institution she oversaw broad portfolios and served as the Title IX Coordinator. Ms. Jayne is the founding partner of Sage Education Consulting, LLC, which provides civil rights-related investigation, adjudication, consulting, and policy drafting services to higher education clients. Prior to her work in higher education, Ms. Jayne began her legal career as an associate in the Philadelphia office of a large international law firm. Ms. Jayne received a B.A. in government from Cornell University, magna cum laude, and a J.D. from the University of Pennsylvania Law School.  

FAQs

Briefing Recording

This briefing recording is complimentary to NACUA members and is available for NACUA members to access on demand through NACUA’s Online Learning Center.

Please contact us at nacua@nacua.org if you have any issues accessing the briefing.

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