A student pursuing a claim against their school based on disciplinary action arising from a Title IX complaint may also seek a temporary restraining order or injunction to stop a suspension or expulsion while their case is pending. A student recently sought to enjoin a suspension. The medical student filed…
The Sixth Circuit recently determined a school can be liable in a Title IX case for not responding to social media activity by students. A Nashville, Tennessee, high school student filed suit against the public school system, alleging it was deliberately indifferent to harassment related to her sexual assault and…
Representative Lisa McClain, Chairwoman of the Subcommittee on Health Care and Financial Services, and Representative Virginia Foxx, Chairwoman of the Committee on Education and the Workforce, recently initiated an investigation into the Department of Education’s proposed Title IX regulations. Their November 16, 2023, letter to Department of Education Secretary Miguel…
The Family Educational Rights and Privacy Act (“FERPA”) is a federal law that protects education records. FERPA generally prohibits a school or university from disclosing a student’s personally identifiable information in their education record without prior consent. Recently, a university refused to disclose records related to its prior sexual misconduct…
Much of the Title IX litigation brought by students accused of sexual misconduct occurs at the post-secondary level, but a male student recently sued his former high school after being expelled. The plaintiff was a student at an all-boys private high school in Nebraska. According to the Eighth Circuit’s opinion,…
A student at a private university in New York recently filed suit against the university due to its alleged failure to accommodate his disability during a Title IX investigation. According to the complaint, the plaintiff enrolled in the university through a program for intellectually and developmentally disabled students (“Program”). The…
A Title IX complaint can result in severe consequences, including loss of scholarships and dismissal from school. A former student recently sued his military college after he was expelled for alleged sexual misconduct. The plaintiff, identified in the unpublished Fourth Circuit opinion as John Doe, was a student at a…
In July 2022, the Department of Education (“Department”) proposed Title IX regulations that would undo a number of changes made during the Trump Administration. The final rule was expected to be released this month. The Department recently provided an update, however, stating that the new anticipated date for the final…
In a recent case, a female student of a Louisiana university sued multiple parties as a result of an off-campus rape by another student who had been accused of multiple prior sexual assaults and rapes. A Louisiana federal court denied the university defendants’ motion to dismiss, finding the university had…
Lawsuits arising from a Title IX complaint or investigation can involve a number of complex issues. In a recent case, the Sixth Circuit considered both whether a private college’s Title IX procedures were subject to a § 1983 federal due process claim and when a Title IX claim is ripe…