The Department of Education recently issued a press release stating that it found a Virginia public school district had violated Title IX by failing to respond to sexual harassment reports. According to news reports, the school had a policy allowing students to use locker rooms and restrooms aligning with their…
The Fifth Circuit recently considered a case in which a university student alleged the university violated his constitutional rights and Title IX with regard to an arrest, search, and the resulting disciplinary proceedings against him. According to the court’s opinion, the plaintiff had been a student at a public university…
In a recent case, the Fifth Circuit affirmed summary judgment in favor of a school district in a Title IX case against it, concluding other students calling the plaintiff “gay” and other names over the period of a few weeks was not severe enough to be actionable. The plaintiff had…
The right to cross-examine the complainant in Title IX disciplinary proceedings has been a controversial issue for several years. In a recent case, a New York appellate division annulled a determination that an accused student should be suspended after the decision-maker relied upon the complainant’s statements in making its determination…
Students who file suit against their school based on a Title IX investigation and disciplinary proceedings may wish to protect their identity to try to prevent additional reputational harm. A federal court in Nebraska recently allowed an accused student to proceed with his lawsuit under the pseudonym “John Doe.” The…
The Fourth Circuit recently considered sovereign and qualified immunity in a case arising from a university’s investigatory and disciplinary procedures of a complaint of sexual misconduct against a student. According to the court’s opinion, the plaintiff was a student at a North Carolina university when four female students submitted a…
Title IX accusations can have a detrimental effect on a student’s education, job prospects, and future. Alleged victims who file suit against their schools for claims related to Title IX often litigate the case under a pseudonym. Accused students who file suit for claims arising from a Title IX complaint…
On February 4, 2025, the Department of Education issued a “Dear Colleague” letter stating that it will enforce Title IX pursuant to the 2020 Title IX Rule instead of the 2024 Title IX Rule. “Dear Colleague” letters are used by the Department of Education and other agencies to provide guidance…
A federal court in the Eastern District of Kentucky recently issued an order vacating the 2024 Title IX Final Rule. The court concluded the Department of Education (“Department”) exceeded its statutory authority with the Final Rule. According to the court’s opinion, the Department cited the case of Bostock v. Clayton…
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…