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.

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After Student’s Suicide, an Elite School Says It Fell ‘Tragically Short’

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.”

April Additions to Our Databases

In April, Title IX for All added:

6 lawsuits by accused students to the Title IX Lawsuits Database for a total of 862
20 Title IX attorneys to the Attorneys Database for a total of 1,661

ChatGPT Wrongly Accuses Law Professor of Sexual Assault

What will this mean for the future of AI and those accused of sexual misconduct?

Litigation

Compelling new accused student lawsuit against Florida Gulf Coast University

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.”

Fourth Circuit: schools do not violate Title IX by placing students found responsible for harassment on probation, rather than suspension or expulsion

In a per curiam unpublished opinion, the Fourth Circuit affirmed the decision by Judge Paula Xinis of the U.S. District Court for the District of Maryland granting summary judgment to the University of Maryland, holding that the university’s “response to Appellant’s complaints was not clearly unreasonable.”

Just before trial, Dordt University settles with accused student

Dordt was previously denied summary judgment on four counts: a broad Title IX erroneous outcome claim, due process, breach of contract, and breach of implied contract. Attorneys at Nesenoff & Miltenberg represented the plaintiff.

Former Student Files a Lawsuit Against the University of Illinois For Sex Discrimination And Violations of His Civil Rights.

A new lawsuit against the University of Illinois alleges a student falsely accused of sexual assault was himself the victim, but was found guilty and expelled via a sham Title IX process. The Plaintiff is represented by Eric Long and Tyler J. Walchanowicz.

Student-Athletes Can Now Sue Discriminatory Universities for Money Damages, a Victory for Title IX

Decision here. “U.S. District Court Judge Todd W. Robinson ruled on April 13 that the female student-athletes suing San Diego State University (SDSU) for violating Title IX can pursue claims for equal athletic financial aid, equal treatment and retaliation. The decision is the first in the nation to hold that female student-athletes deprived of equal athletic financial aid can sue their schools for damages.”

Policy

Arkansas SB 365 means year-round due process rights for college students

“Arkansas Governor Sarah Huckabee Sanders signed into law SB 365, a bill that codifies crucial due process protections before, during, and after campus disciplinary proceedings.”

51-27 House Vote Kills Bill to End Affirmative Action

Arkansas house defeats SB 71, a bill that would have banned discriminatory hiring practices by sex/race.

Biden Administration’s Title IX final rule still targeted for a May 2023 release

Expect that the final rule may be released any day now.

OCR changes approach to complaints amid record high volume

“A mediation option now offered to all as an alternative to investigations is among methods helping to move cases along.”

After Title IX investigation, student left unhappy with process

“According to [Title IX Coordinator] Kelley Taylor, 30% of respondents are found not responsible in a full investigation, as opposed to 70% who are found responsible. Of those found responsible, Taylor said that 80% are suspended or expelled from the University.”

Advocates Urge White House to Stick to Title IX Timeline

Advocacy organizations for Title IX complainants are pushing the Department of Education to release the final Title IX rule by the targeted May timeframe. They fear – likely correctly – that if not released in May, the rule’s effective date would be delayed substantially.

Stanford “harm reporting” system no longer allows anonymous accusations

Original report from February here regarding Stanford’s “snitching apparatus.” Their website now says “anonymous reporting is not an option” and the reporting system now requires a login.

MSU says business boot camp that excluded White males now open to all ‘irrespective’ of race, sex

“On Thursday, the program’s original webpage with the exclusionary language appeared to have been taken down.”

Culture

Research Finds No Gender Bias [Against Women] in Academic Science

“Reviewing decades of studies, researchers with ‘adversarial’ perspectives conclude that tenure-track women and men in STEM receive comparable grant funding, journal acceptances and recommendation letters—and that women have an edge over men in hiring.”

The Rise of the Sober College Student

More students are choosing to refrain from alcohol. Since many misconduct accusations arise in the context of alcohol, this is probably for the best.

At standout, 150-plus demand that Easthampton School Committee hire Perrone as superintendent

Superintendent finalist Vito Perrone referred to two female board members as “ladies” during contract negotiations. The School Committee then rescinded the offer, with Perrone claiming his use of “ladies” was the decisive factor.

‘Wealthy White Men’ Most Likely to ‘Repeatedly Violate the Rights of Others,’ University of Texas Psych Quiz States

“Professor Kirsten Bradbury now backtracking on question she says was ‘too stale to use.'”

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About the Author

Title IX for All is a U.S.-based organization that advocates fairness and equal treatment in education. Our main activities are database development, writing, counseling, publishing, research, public speaking, and networking.

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