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…
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 According to the court’s unpublished opinion, the plaintiff and his former girlfriend were students in the same program…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…