Alleged victims of sexual misconduct are often allowed to proceed in their Title IX lawsuits under a pseudonym, but courts have recently been split on whether to allow accused students filing Title IX lawsuits based on the school’s investigatory or disciplinary processes to do the same. A federal court in…
A male student’s Title IX claim against his university arising from a Title IX investigation and disciplinary action against him recently survived a motion to dismiss in a New Jersey federal court. According to the court’s unpublished opinion, the plaintiff and his former girlfriend were students in the same program…
A Title IX discrimination case by a student accused of a Title IX violation can be difficult to prove. A male student recently had his Title IX claims against his Illinois university dismissed. He was accused of sexual assault and the university imposed interim restrictions pending the investigation. While the…
University sexual misconduct policies can reach a broad range of actions. A female student recently sued her former university after it charged her with violations of the Code of Conduct for what occurred after she was allegedly drugged and sexually assaulted. According to the court’s order, which recited the facts…
The U.S. Supreme Court has denied the government’s emergency applications for partial stays of the preliminary injunctions against the new Title IX Final Rule while the appeals are pending in the Fifth and Sixth Circuits. The preliminary injunctions are not nationwide, but apply only to the plaintiffs. The government argued…
The Department of Justice (“DOJ”) has requested a partial stay of the preliminary injunctions against the new Title IX Final Rule in two lawsuits involving a total of ten states. The requests to the U.S. Supreme Court involve the injunction applicable to the states of Tennessee, Kentucky, Ohio, Indiana, Virginia,…
Two federal courts have granted preliminary injunctions enjoining the Department of Education (“Department”) from implementing or enforcing the new Final Rule, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance in certain states. The States of Louisiana, Mississippi, Montana, and Idaho filed suit in…
It can be difficult for a student who has faced disciplinary action for alleged misconduct to successfully show a Title IX violation by the school in the investigation and disciplinary process. Even if they cannot show sex-based discrimination, in some cases, the student may be able to show the school…
The Department of Education has finally released the final rule on Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (“Final Rule”). The Final Rule makes significant changes to the Title IX regulations that were previously amended under the Trump administration in 2020. The…
The Washington Supreme Court has recently decided a case involving school discipline. A Washington public school student filed suit after being suspended and not allowed to return to in-person school after the suspension was over. The Court noted that students facing suspension are entitled to due process because they have…