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.
Terrence Shannon Jr. update: Illini star allowed to rejoin team after judge grants restraining order
Decision here. “Shannon’s lawyers had requested the injunction earlier this month, claiming the school had made a ‘rush to judgment’ and used an ‘unfair’ process when it made the decision to suspend Shannon indefinitely late last month after a warrant was issued for his arrest after the alleged incident in September.”
The 2-1 decision comes twenty-one months after oral argument. “The Court’s opinion correctly notes that any potential procedural errors in SJU’s adjudication do not ipso facto demonstrate sex bias against Roe, as he claims.”
In a 5-4 decision, Washington Supreme Court held that universities have no duty to protect third parties from harm except when a special relationship exists – and it does with students, but is limited to university-controlled events or incidents that take place on university property. Note: this is a state court decision on a negligence claim, and the Ninth Circuit – of which Washington state is a part – has held that schools can be held liable for off-campus assaults on students in Title IX claims in federal court.
“The Education Department set a March deadline for the regulations but hasn’t yet cleared a key procedural hurdle, potentially pushing their release back by months.”
Two private religious schools, Baltimore Lutheran and Hillsdale College, do not accept federal funds, so they do not have to comply with Title IX. But two lawsuits argue they must because their 501(c)3 status is a form of federal financial assistance.
The school objected to the Title IX regulations being presented to the jury on the grounds that they are “not relevant” to the accused student’s claims.
“In a clear showing of bias, the University hosted Mr. Wright’s false accuser as a #metoo speaker on campus, paid her and her co-conspirator hundreds of thousands of dollars each, made public statements in support of her and against Mr. Wright, retaliated against him for his lawsuit, and used different standards when deciding whether to allow his complaint to go forward against his accuser, resulting in the dismissal of his complaint.” Joshua Wright is represented by Binnall Law Group.
Backstory here. “Plaintiff’s selective enforcement claim fails for lack of standing as a matter of law. In the alternative, the Court finds that Defendant is entitled to summary judgment because Plaintiff failed to demonstrate a genuine issue of material fact on the merits of his Title IX selective enforcement claim.”
“The system designed to handle allegations of sexual assault on college campuses is badly broken…We need to burn the entire structure to the ground and build something radically different.”
What We’ve Been Up To
We’ve been busy as a bee. Here’s the buzz:
Database Projects
We released the Regulatory Provisions Lookup + Citation Tool in January and are working on the full-text document search project mentioned in our Vision and Roadmap post.
Writing
We have been writing prolifically lately – seven posts so far this year! Read them in our News & Articles section.
Website Updates
We’ve been gradually updating various sections of our website over the past few months. Notably, the Title IX Lawsuits Database page, the menu, and article pages.
Super Secret Project
TBA!
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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.
Terrence Shannon Jr. update: Illini star allowed to rejoin team after judge grants restraining order
Decision here. “Shannon’s lawyers had requested the injunction earlier this month, claiming the school had made a ‘rush to judgment’ and used an ‘unfair’ process when it made the decision to suspend Shannon indefinitely late last month after a warrant was issued for his arrest after the alleged incident in September.”
The 2-1 decision comes twenty-one months after oral argument. “The Court’s opinion correctly notes that any potential procedural errors in SJU’s adjudication do not ipso facto demonstrate sex bias against Roe, as he claims.”
In a 5-4 decision, Washington Supreme Court held that universities have no duty to protect third parties from harm except when a special relationship exists – and it does with students, but is limited to university-controlled events or incidents that take place on university property. Note: this is a state court decision on a negligence claim, and the Ninth Circuit – of which Washington state is a part – has held that schools can be held liable for off-campus assaults on students in Title IX claims in federal court.
“The Education Department set a March deadline for the regulations but hasn’t yet cleared a key procedural hurdle, potentially pushing their release back by months.”
Two private religious schools, Baltimore Lutheran and Hillsdale College, do not accept federal funds, so they do not have to comply with Title IX. But two lawsuits argue they must because their 501(c)3 status is a form of federal financial assistance.
The school objected to the Title IX regulations being presented to the jury on the grounds that they are “not relevant” to the accused student’s claims.
“In a clear showing of bias, the University hosted Mr. Wright’s false accuser as a #metoo speaker on campus, paid her and her co-conspirator hundreds of thousands of dollars each, made public statements in support of her and against Mr. Wright, retaliated against him for his lawsuit, and used different standards when deciding whether to allow his complaint to go forward against his accuser, resulting in the dismissal of his complaint.” Joshua Wright is represented by Binnall Law Group.
Backstory here. “Plaintiff’s selective enforcement claim fails for lack of standing as a matter of law. In the alternative, the Court finds that Defendant is entitled to summary judgment because Plaintiff failed to demonstrate a genuine issue of material fact on the merits of his Title IX selective enforcement claim.”
“The system designed to handle allegations of sexual assault on college campuses is badly broken…We need to burn the entire structure to the ground and build something radically different.”
What We’ve Been Up To
We’ve been busy as a bee. Here’s the buzz:
Database Projects
We released the Regulatory Provisions Lookup + Citation Tool in January and are working on the full-text document search project mentioned in our Vision and Roadmap post.
Writing
We have been writing prolifically lately – seven posts so far this year! Read them in our News & Articles section.
Website Updates
We’ve been gradually updating various sections of our website over the past few months. Notably, the Title IX Lawsuits Database page, the menu, and article pages.
Super Secret Project
TBA!
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.