Title IX allegations can have consequences even if the student is not found responsible of sexual misconduct. In a recent case, a student sued his college after being excluded from a sports team following an allegation of sexual assault that did not result in a formal Title IX complaint…
A California school district recently sought to have Title IX and related claims against it dismissed. The plaintiff was a high school student who filed suit through his guardian ad litem against the school district, several individually named administrators and athletics personnel, and unnamed “Doe” defendants. The defendants filed a…
In December 2022, identical bills were introduced in the Senate, S. 5158, and House of Representatives, H.R. 9387, to amend Title IX. The short title for the act is “Students’ Access to Freedom and Educational Rights Act of 2022,” also known as the SAFER Act. In addition to amending Title IX,…
To obtain a temporary restraining order (“TRO”), a party must show likelihood of success on the merits, lack of adequate remedy at law, and irreparable harm if the restraining order is not granted. Additionally, they must show that immediate and irreparable injury, loss, or damage would occur before the opposing…
When a student files suit against their school alleging a Title IX violation arising from a Title IX investigation and proceedings, the person who made the allegations is generally not a party to the lawsuit. That person often has important information related to the allegations and the disciplinary process, however. …
The comment period has closed on the Department of Education’s (“Department”) proposed Title IX rule. The Department received more than 200,000 comments. The Department has not indicated an anticipated timeline for finalizing the rule. The Title IX rule proposed and published under the previous administration reportedly received about half as…
The use of pseudonyms has been a significant issue in Title IX litigation recently, with some courts denying accused students the ability to proceed in litigation against their school under a pseudonym. The First Circuit, however, has recently vacated an order denying an accused student the use of a pseudonym…
Title IX prohibits sex-based discrimination in education programs or activities that receive federal financial assistance. Public schools are clearly subject to Title IX requirements, but applicability to private schools is less clear. If a private school receives federal financial assistance, it is subject to Title IX, thought there are certain…
The U.S. Department of Education released a new proposed Title IX rule for public comment on the 50th anniversary of Title IX. This proposed rule has been highly anticipated, and as expected, reverses some of the changes made in 2020. The proposed rule broadens the scope and application of the…
A preliminary injunction can prevent a university from implementing Title IX sanctions against a student while a lawsuit is pending. To obtain a preliminary injunction, the plaintiff must meet certain criteria, including showing a likelihood of success on the merits, a lack of adequate remedy at law, and a likelihood…