The DeVos-era Title IX regulations and the due process protections provided therein have proven difficult to defeat via the courts. Five legal challenges have been filed in federal courts since May 2020. As of August 5th of this year, all five of them have failed. They are:
- The Women’s Student Union v. U.S. Department of Education. Judge Edward Milton Chen (Obama nominee) granted the motion to dismiss on August 5th but gave leave to amend. This lawsuit appears to be the weakest of the five.
- Victim Rights Law Center v. DeVos. On July 28th, Judge William G. Young (Reagan nominee) held that “with the exception of section 106.45(b)(6)(i)’s prohibition on all statements not subject to cross-examination, the Final Rule does not violate the APA or the Fifth Amendment.” This was a very active case with many plaintiffs and two appeals to the First Circuit.
- Commonwealth of Pennsylvania v. DeVos. Motion for preliminary injunction denied by Judge Carl J. Nichols (Trump nominee) on August 12, 2020. This case is still active but is held in abeyance until Sept. 7.
- State of New York v. United States Department of Education. Injunctive relief denied by Judge John G. Koeltl (Clinton nominee) on August 9, 2020. The lawsuit was later withdrawn.
- Know Your IX v. DeVos. Judge Richard D. Bennett (Bush Jr. nominee) granted the motion to dismiss on October 20 of last year.
We have updated our Title IX Lawsuits Database to include these legal challenges. These lawsuits now appear in a separate interactive table on the Lawsuits tab titled “Legal Challenges to Department of Education Regulations and Guidance.” We have also added 151 legal files across all five cases, including orders, opinions, amici briefs, memoranda, motions, exhibits, complaints, and so forth. We plan on backfilling this section to also include legal challenges to the Lhamon-era Department of Education soon.
We are grateful for the organizations and individuals who have chosen to defend the regulations. Massive respect to SAVE, FIRE, FACE, various state attorneys-general, and others for their work here. We are also glad to see our own work cited in various filings.
As with the 700+ lawsuits filed in state and federal courts by accused students, these recent court victories help solidify the argument that the 2020 regulations were developed with incredible care, due diligence, and need…things the opposition appears to consistently underestimate.
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The DeVos-era Title IX regulations and the due process protections provided therein have proven difficult to defeat via the courts. Five legal challenges have been filed in federal courts since May 2020. As of August 5th of this year, all five of them have failed. They are:
- The Women’s Student Union v. U.S. Department of Education. Judge Edward Milton Chen (Obama nominee) granted the motion to dismiss on August 5th but gave leave to amend. This lawsuit appears to be the weakest of the five.
- Victim Rights Law Center v. DeVos. On July 28th, Judge William G. Young (Reagan nominee) held that “with the exception of section 106.45(b)(6)(i)’s prohibition on all statements not subject to cross-examination, the Final Rule does not violate the APA or the Fifth Amendment.” This was a very active case with many plaintiffs and two appeals to the First Circuit.
- Commonwealth of Pennsylvania v. DeVos. Motion for preliminary injunction denied by Judge Carl J. Nichols (Trump nominee) on August 12, 2020. This case is still active but is held in abeyance until Sept. 7.
- State of New York v. United States Department of Education. Injunctive relief denied by Judge John G. Koeltl (Clinton nominee) on August 9, 2020. The lawsuit was later withdrawn.
- Know Your IX v. DeVos. Judge Richard D. Bennett (Bush Jr. nominee) granted the motion to dismiss on October 20 of last year.
We have updated our Title IX Lawsuits Database to include these legal challenges. These lawsuits now appear in a separate interactive table on the Lawsuits tab titled “Legal Challenges to Department of Education Regulations and Guidance.” We have also added 151 legal files across all five cases, including orders, opinions, amici briefs, memoranda, motions, exhibits, complaints, and so forth. We plan on backfilling this section to also include legal challenges to the Lhamon-era Department of Education soon.
We are grateful for the organizations and individuals who have chosen to defend the regulations. Massive respect to SAVE, FIRE, FACE, various state attorneys-general, and others for their work here. We are also glad to see our own work cited in various filings.
As with the 700+ lawsuits filed in state and federal courts by accused students, these recent court victories help solidify the argument that the 2020 regulations were developed with incredible care, due diligence, and need…things the opposition appears to consistently underestimate.
Thank You for Reading
If you like what you have read, feel free to sign up for our newsletter here:
Support Our Work
About the Author
Related Posts
One Comment
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I am currently dealing with a Title IX in Middle school, due process was not given to the student who is accused. I have a retainer a lawyer at this point. The school violates due process. I find that in charter schools, the parents and school principal and assistant principal chose to come to this process. Once I had my lawyer get involved now they want to resolve this. How do you process going forward? I don’t trust them to protect my 12 years son.
Comments are closed.
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I am currently dealing with a Title IX in Middle school, due process was not given to the student who is accused. I have a retainer a lawyer at this point. The school violates due process. I find that in charter schools, the parents and school principal and assistant principal chose to come to this process. Once I had my lawyer get involved now they want to resolve this. How do you process going forward? I don’t trust them to protect my 12 years son.