Melissa Carleton

Melissa Carleton

@melissacarleton.bsky.social

Lawyer for institutions of higher education. Special interest in Title IX and FERPA. Genealogist, Queen fan. Likely to break into song at any moment. She/her. Opinions mine. I am not your lawyer.

732 followers1.3K following798 posts

Melissa Carleton reposted

We acknowledge that no one has the bandwidth for this, but if it helps: -It’s ‘sleight of hand’ -It’s ‘bated breath’ -It’s ‘lo and behold’ -It's 'buck naked' -It’s ‘brass tacks’ -It’s ‘free rein’ -It’s ‘toe the line'

I wish news orgs had a sliding scale for breaking news updates. Like, I only want the existential ones. If you are sending me breaking news five times a day, I think you are doing it wrong.

Can we talk about the Title IX Regs news for a moment? I do Title IX stuff for a living. This story is NOT what the headlines make it out to be. The 2024 Biden regs were vacated in 2025. No one has been following them because they don't apply.

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Right now, the Department is going after federal funds based on folks allowing transgender women to play women's sports. So these next two changes are really important if you are worried about trans rights. We expected those rules in July, so we're just waiting...

So, the tldr version - ED didn't read some case law right and went too far in the recodification by removing something it shouldn't have, but otherwise this just publishes the regs that everyone has been following anyway. And keep watching because there are more reg changes coming.

Can we talk about the Title IX Regs news for a moment? I do Title IX stuff for a living. This story is NOT what the headlines make it out to be. The 2024 Biden regs were vacated in 2025. No one has been following them because they don't apply.

View full thread

Anyway, I am a big fan of letting the evidence (not tenuous inferences) guide the decision, and also for not overreaching on regulatory issues. So, not a fan of this move by ED. To be clear, I also think trans folks should be protected under Title IX--this recodification doesn't affect that at all.

However, the recodification lays the groundwork for two more regulatory changes we expect soon: the idea that Title IX protects biological sex (not gender identity), and the streamlining of the process to take away federal funds for noncompliance with Title IX.

Can we talk about the Title IX Regs news for a moment? I do Title IX stuff for a living. This story is NOT what the headlines make it out to be. The 2024 Biden regs were vacated in 2025. No one has been following them because they don't apply.

View full thread

A (not good) hearing officer could decide to rule against a Complainant because they infer the Complainant didn't think it was a big enough deal to participate, or because they must have been lying. They could rule for a Complainant because they infer that they were traumatized from the incident.

Similarly, a (not good) hearing officer could rule against a Respondent for not showing up because they infer the Respondent has no defense. Any of this might be true, but it also might not be. Making these inferences (in most cases) would not be good practice. But now it's OK under the regs.

Can we talk about the Title IX Regs news for a moment? I do Title IX stuff for a living. This story is NOT what the headlines make it out to be. The 2024 Biden regs were vacated in 2025. No one has been following them because they don't apply.

View full thread

But there was a remaining part of that sentence that everyone still followed--if you don't show up to a hearing, the hearing officer can't draw inferences about policy violations just bc you opted out. This part is completely possible to follow without the vacated part. The court didn't touch it.

And yet, when ED recodified the 2020 Title IX Regs, they explicitly removed this part of the sentence. With no apparent authority to do so. So now, there is no prohibition against making an inference (either for or against) because someone decided not to come to a hearing. What does this mean?

Can we talk about the Title IX Regs news for a moment? I do Title IX stuff for a living. This story is NOT what the headlines make it out to be. The 2024 Biden regs were vacated in 2025. No one has been following them because they don't apply.

View full thread

This recodification has no general effect on anyone's rights (except for one big thing that no one is talking about, below). It is literally to put the 2020 regs back in the Code of Federal Regulations so people can find them and understand them. But...

They took it a step too far and not in the way the headlines suggest. In the original 2020 regs, there was a rule that if you didn't show up for the hearing, the hearing officer or panel couldn't consider anything you said in the investigation. A court vacated that specific provision back in '21.

Can we talk about the Title IX Regs news for a moment? I do Title IX stuff for a living. This story is NOT what the headlines make it out to be. The 2024 Biden regs were vacated in 2025. No one has been following them because they don't apply.

And yet, the 2024 rules have been sitting in the Code of Federal Regulations like they DO apply. This has been really confusing, particularly for people who are trying to advocate for folks going through an investigation process, or for folks that had greater protections under the 2024 regs.

A journey of a journey

sarah jeong@sarahjeong.bsky.social

lol my flight got diverted because of a medical emergency and they landed us in reykjavik in the middle of the night and deplaned us and sent us through passport control and then the crew vanished and then british airways sent us links to book an overnight hotel room but for a hotel at heathrow

Dear Universal Cat Distribution System: we may be open to a small orange kitten. I cannot just go and get a kitten, as my husband would object based on the two cats two dogs already living here. So be sneaky about it.

Melissa Carleton reposted

Okay - in lieu of quote posting myself AGAIN 🤣 Thought it would be helpful to fully update the Go Fund Me so folks not as familiar with me can understand what's going on! (see my TL for "worst timing ever" explainer) #cats gofund.me/c65973f9c

gofund.meDonate to Emergency Funds for Kiff’s & Binx's Vet Bills, organized by Christy SoloUpdate (same as below - put here for clarity) Updated the request amount b… Christy Solo needs your support for Emergency Funds for Kiff’s & Binx's Vet Bills

Melissa Carleton reposted

BREAKING: Multiple sources tell The Rooster that Dr. Amy Acton’s attacker is Patrick Havas, the brother of Andrew Havas, the pedophile lobbyist who resigned in disgrace from the Husted campaign in July.

Melissa Carleton reposted

🔔 New Bill Update 📜 H.R.10298: To amend the Higher Education Act of 1965 to allow certain p... 🗓️ Action Date: 2026-09-04 📝 Action: Referred to the House Committee on Education and Workforce. Sponsor: Rep. Foster, Bill [D-IL-11] Read more #Politics #Republicans #Democrats #News

I had my annual physical yesterday, and today the doctor's office had an AI assistant call me to ask follow up questions about diet and exercise. Questions I answered yesterday. I am half tempted to go find a new doctor.

Melissa Carleton reposted

I'M ALMOST DONE YELLING ABOUT THE CROWD SALE FOR TAG! THE JURISDICTION GAME! (There are only two days left in the crowd sale. If we sell 3 more copies, the discount goes up to 29%) www.thegamecrafter.com/crowdsale/ta...

Lich-Lord Heppner 👻@rlheppner.bsky.social

Tag! The Jurisdiction Game - Trailer Info: civprogame.my.canva.site Crowd Sale, Aug 2–31: www.thegamecrafter.com/crowdsale/ta...

Melissa Carleton reposted

A federal judge in California, in a damning 90-page decision, rules the government cannot revoke the F-1 visas of international student journalists because it doesn't like their reporting and such retaliation violates their First and Fifth Amendment rights. storage.courtlistener.com/recap/gov.us...

storage.courtlistener.comMemorandum & Opinion – #108 in Stanford Daily Publishing Corporation v. Rubio (N.D. Cal., 5:25-cv-06618) – CourtListener.comMEMORANDUM OF DECISION PURSUANT TO FED. R. CIV. P. 52(A)(1) signed by Judge Noël Wise on 8/28/2026. (akw, COURT STAFF) (Filed on 8/28/2026)

Melissa Carleton reposted

Replying to @grantwitness.org

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