Every month, we distribute a “Title IX Recap,” providing a highlight of the previous month’s litigation, advocacy, and other Title IX-related matters. As always, more information on any lawsuits by accused students or Title IX OCR resolutions will be found in our Accused Students Database and OCR Resolutions Database respectively.
With enough time to reflect on 2023, we bring you a different kind of recap today: a summary of the most popular stories we reported on last year. We will start with the two most popular stories penned by us followed by the two most popular stories of each month that appeared in our monthly Title IX Recaps. Popularity is determined by user engagement analytics (clicks, shares, and so forth), which sometimes surprised us.
Most Popular Articles by Title IX for All
Khan v. Yale: a Momentous Decision, a Defeat for False Accuser Advocacy
Connecticut Supreme Court: contrary to the demands of advocates, campus rape accusers – including false and malicious ones – can be sued for defamation.
Accused Student Camren McKay Bagnall Commits Suicide. Parents Sue.
The recent suicide by an accused student demonstrates what we have long asserted: accusations of misconduct are not just life-altering, but sometimes life-ending, which makes fair procedures and false allegations that much more worthy of our attention. This lawsuit and the complaint are in our Title IX Lawsuits Database.
Most Popular Monthly Title IX Recap Stories
January
If this timeframe holds, schools will likely have the summer to implement these regulations with a deadline in August (similar to the timeframe for the DeVos regs).
A long-running case originally filed in June 2018 involving eleven accused students, all African American. This is an unfortunate ruling given the facts alleged, some of which we have compiled here. This case and more notes are in our Title IX Lawsuits Database.
February
Judge Angel Kelley (a Biden nominee) noted that Brandeis afforded the accused student no hearing, the panel never saw the respondent, and the Title IX Coordinator that – in activist fashion – “took a more active role than the policy prescribes” and “worked actively…in formulating a sanction for Doe.” This lawsuit is in our Title IX Lawsuits Database.
“Doe has not pled facts showing that he has a property interest in his continued enrollment at Virginia Tech.” One of several Title IX claims proceed, but only related to grant funding and retaliation. This lawsuit is in our Title IX Lawsuits Database.
March
“Sen. John Kennedy (R-La.)…introduced the Ensuring Fairness for Students Act to codify due process in Title IX proceedings for students who are accused of sexual assault or harassment on school campuses.”
“After the rulings are handed down in sexual-misconduct lawsuits against colleges, a second legal battle quietly begins. Determining who pays the legal fees and settlements — which, in the most sweeping cases, can total hundreds of millions of dollars.”
April
A student falsely accused of rape was relentlessly bullied until he committed suicide. The school “…never told Jack or his family — or anyone else — that the investigation had concluded that the rumors involving a sexual assault were utterly false.”
The complaint alleges that FGCU, among other things:
- “Appointed an investigator and decision-maker to this case that had a prior relationship with Plaintiff’s accuser”
- “Did not provide Plaintiff with the complaint against him or any investigative findings whatsoever before finding him responsible”
- “Failed to allow Plaintiff to ask questions of the complainant in any way during the hearing”
- “Failed to meaningfully investigate the claim at all by failing to interview witnesses or review any physical evidence.”
May
Fifth Circuit Affirms Accused Student Summary Judgment Win on Title IX Claim
“We agree that these facts taken together, or in isolation, implicate serious due process concerns and now turn to the merits of Doe’s Title IX arguments.”
Former Bills punter Matt Araiza was not present at time of alleged gang rape, prosecutors say
June
Yale Student Who Reported Rape Can Be Sued for Defamation Due to School’s Procedures, Court Says
Decision here. “The Connecticut court ruled 7-0 that because he had fewer rights to defend himself in university proceedings than he would in criminal court, the rape accuser can’t benefit fully from immunity granted to witnesses in criminal proceedings.” Also for those with Law360 access: “Conn. Ruling May Force Colleges To Rethink Title IX Hearings.”
Fourth Circuit Holds University Afforded Adequate Due Process, Statistics Alone Not Indicative of Gender Bias
“Doe further impugns the Board for stopping his representative’s cross-examination of Roe about her ‘false memory’…We have not found a ‘basis in the law . . . for importing [the right to cross-examination] into the academic context,’ and we decline to do so here.” And: “[Doe] emphasizes the fact that women comprise the majority of complainants in university Title IX proceedings, while most respondents are men. However, these general statistics alone do not indicate discrimination or bias against men, as other reasons unrelated to bias may explain the disparity.”
July
Two months ahead of the release of the new Title IX regulations, the Court held that Title IX respondents are not entitled to “directly or indirectly cross-examine the accuser and other witnesses at a live hearing with the accused student in attendance, either in person or virtually.”
“In the suit filed in California, Araiza’s lawyers argue the woman acted with malice, saying because of the allegations Araiza ‘suffered actual damages as Defendant’s Defamatory Statements caused and continue to cause Plaintiff to suffer significant past and future economic losses, shame, and mortification.”
August
The largest-yet jury award for an accused student who sued the school. “A jury last week found that Pacific had not acted in a fair and reasonable way toward Steele and had intentionally caused him emotional distress. The jury sided with Pacific on other counts, however, finding that the school did not violate Title IX…”
“Anticipate a final rule by spring 2024, followed by implementation in summer 2024, if the rule is transmitted to OIRA near the end of August. If not…”
September
New CA Bill Will Punish Men Who Fail to Win Defamation Lawsuits Against Their Alleged False Accusers
Governor Gavin Newsom is expected to sign AB 933, a bill that will reflexively punishing men with legal fees, including punitive damages, when their defamation lawsuits against false rape accusers are unsuccessful.
Vanderbilt University also eliminated 50-60% of applicants in this manner; “They used Berkeley’s rubric—the one that penalizes candidates who for saying they want to ‘treat everyone the same.’”
October
“More trauma-informed intentionality with respect to marketing materials and admissions events: removing the MSU helmet and providing sufficient physical space at events to be mindful of potential triggers for survivors of sexual assault.”
ED “recently released new regulations that are in part aimed at preventing colleges and universities from withholding transcripts from students who owe them money.” These regulations “may also benefit student respondents who are involved in disciplinary investigations.”
The complaint cited gender bias by DaShawn Dilworth, the hearing panel chair. The Title IX and due process claims survived, but the race discrimination claim did not. The plaintiff was represented by Benjamin North and Lindsay McKasson at Binnall Law Group
.
December
“The investigation was biased because the surgeon was a man, while his counter-accuser was a woman, the plaintiff alleged.”
“The Education Department now plans to issue both of its final Title IX rules by March 2024, almost a year after its original May 2023 goal.”
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
Every month, we distribute a “Title IX Recap,” providing a highlight of the previous month’s litigation, advocacy, and other Title IX-related matters. As always, more information on any lawsuits by accused students or Title IX OCR resolutions will be found in our Accused Students Database and OCR Resolutions Database respectively.
With enough time to reflect on 2023, we bring you a different kind of recap today: a summary of the most popular stories we reported on last year. We will start with the two most popular stories penned by us followed by the two most popular stories of each month that appeared in our monthly Title IX Recaps. Popularity is determined by user engagement analytics (clicks, shares, and so forth), which sometimes surprised us.
Most Popular Articles by Title IX for All
Khan v. Yale: a Momentous Decision, a Defeat for False Accuser Advocacy
Connecticut Supreme Court: contrary to the demands of advocates, campus rape accusers – including false and malicious ones – can be sued for defamation.
Accused Student Camren McKay Bagnall Commits Suicide. Parents Sue.
The recent suicide by an accused student demonstrates what we have long asserted: accusations of misconduct are not just life-altering, but sometimes life-ending, which makes fair procedures and false allegations that much more worthy of our attention. This lawsuit and the complaint are in our Title IX Lawsuits Database.
Most Popular Monthly Title IX Recap Stories
January
If this timeframe holds, schools will likely have the summer to implement these regulations with a deadline in August (similar to the timeframe for the DeVos regs).
A long-running case originally filed in June 2018 involving eleven accused students, all African American. This is an unfortunate ruling given the facts alleged, some of which we have compiled here. This case and more notes are in our Title IX Lawsuits Database.
February
Judge Angel Kelley (a Biden nominee) noted that Brandeis afforded the accused student no hearing, the panel never saw the respondent, and the Title IX Coordinator that – in activist fashion – “took a more active role than the policy prescribes” and “worked actively…in formulating a sanction for Doe.” This lawsuit is in our Title IX Lawsuits Database.
“Doe has not pled facts showing that he has a property interest in his continued enrollment at Virginia Tech.” One of several Title IX claims proceed, but only related to grant funding and retaliation. This lawsuit is in our Title IX Lawsuits Database.
March
“Sen. John Kennedy (R-La.)…introduced the Ensuring Fairness for Students Act to codify due process in Title IX proceedings for students who are accused of sexual assault or harassment on school campuses.”
“After the rulings are handed down in sexual-misconduct lawsuits against colleges, a second legal battle quietly begins. Determining who pays the legal fees and settlements — which, in the most sweeping cases, can total hundreds of millions of dollars.”
April
A student falsely accused of rape was relentlessly bullied until he committed suicide. The school “…never told Jack or his family — or anyone else — that the investigation had concluded that the rumors involving a sexual assault were utterly false.”
The complaint alleges that FGCU, among other things:
- “Appointed an investigator and decision-maker to this case that had a prior relationship with Plaintiff’s accuser”
- “Did not provide Plaintiff with the complaint against him or any investigative findings whatsoever before finding him responsible”
- “Failed to allow Plaintiff to ask questions of the complainant in any way during the hearing”
- “Failed to meaningfully investigate the claim at all by failing to interview witnesses or review any physical evidence.”
May
Fifth Circuit Affirms Accused Student Summary Judgment Win on Title IX Claim
“We agree that these facts taken together, or in isolation, implicate serious due process concerns and now turn to the merits of Doe’s Title IX arguments.”
Former Bills punter Matt Araiza was not present at time of alleged gang rape, prosecutors say
June
Yale Student Who Reported Rape Can Be Sued for Defamation Due to School’s Procedures, Court Says
Decision here. “The Connecticut court ruled 7-0 that because he had fewer rights to defend himself in university proceedings than he would in criminal court, the rape accuser can’t benefit fully from immunity granted to witnesses in criminal proceedings.” Also for those with Law360 access: “Conn. Ruling May Force Colleges To Rethink Title IX Hearings.”
Fourth Circuit Holds University Afforded Adequate Due Process, Statistics Alone Not Indicative of Gender Bias
“Doe further impugns the Board for stopping his representative’s cross-examination of Roe about her ‘false memory’…We have not found a ‘basis in the law . . . for importing [the right to cross-examination] into the academic context,’ and we decline to do so here.” And: “[Doe] emphasizes the fact that women comprise the majority of complainants in university Title IX proceedings, while most respondents are men. However, these general statistics alone do not indicate discrimination or bias against men, as other reasons unrelated to bias may explain the disparity.”
July
Two months ahead of the release of the new Title IX regulations, the Court held that Title IX respondents are not entitled to “directly or indirectly cross-examine the accuser and other witnesses at a live hearing with the accused student in attendance, either in person or virtually.”
“In the suit filed in California, Araiza’s lawyers argue the woman acted with malice, saying because of the allegations Araiza ‘suffered actual damages as Defendant’s Defamatory Statements caused and continue to cause Plaintiff to suffer significant past and future economic losses, shame, and mortification.”
August
The largest-yet jury award for an accused student who sued the school. “A jury last week found that Pacific had not acted in a fair and reasonable way toward Steele and had intentionally caused him emotional distress. The jury sided with Pacific on other counts, however, finding that the school did not violate Title IX…”
“Anticipate a final rule by spring 2024, followed by implementation in summer 2024, if the rule is transmitted to OIRA near the end of August. If not…”
September
New CA Bill Will Punish Men Who Fail to Win Defamation Lawsuits Against Their Alleged False Accusers
Governor Gavin Newsom is expected to sign AB 933, a bill that will reflexively punishing men with legal fees, including punitive damages, when their defamation lawsuits against false rape accusers are unsuccessful.
Vanderbilt University also eliminated 50-60% of applicants in this manner; “They used Berkeley’s rubric—the one that penalizes candidates who for saying they want to ‘treat everyone the same.’”
October
“More trauma-informed intentionality with respect to marketing materials and admissions events: removing the MSU helmet and providing sufficient physical space at events to be mindful of potential triggers for survivors of sexual assault.”
ED “recently released new regulations that are in part aimed at preventing colleges and universities from withholding transcripts from students who owe them money.” These regulations “may also benefit student respondents who are involved in disciplinary investigations.”
The complaint cited gender bias by DaShawn Dilworth, the hearing panel chair. The Title IX and due process claims survived, but the race discrimination claim did not. The plaintiff was represented by Benjamin North and Lindsay McKasson at Binnall Law Group
.
December
“The investigation was biased because the surgeon was a man, while his counter-accuser was a woman, the plaintiff alleged.”
“The Education Department now plans to issue both of its final Title IX rules by March 2024, almost a year after its original May 2023 goal.”
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
More from Title IX for All
Accused Students Database
Research due process and similar lawsuits by students accused of Title IX violations (sexual assault, harassment, dating violence, stalking, etc.) in higher education.
OCR Resolutions Database
Research resolved Title IX investigations of K-12 and postsecondary institutions by the Department of Education’s Office for Civil Rights (OCR).
Attorneys Directory
A basic directory for looking up Title IX attorneys, most of whom have represented parties in litigation by accused students.
