The Department of Education opens up comments for proposed regulation, a strong summary judgment win against Dordt University by an accused student, and more.
The Department of Education opens up comments for proposed regulation, a strong summary judgment win against Dordt University by an accused student, and more.
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.
As of this posting, the below numbers are our current tallies of lawsuits and resolved investigations as tracked in our Title IX Lawsuits and OCR Investigations databases.
0
Title IX Lawsuits
0
Resolved Title IX OCR Investigations
News and Articles
Comments are now open for the new Title IX proposed regulations
“U.S. District Judge C.J. Williams said a reasonable jury could find Dordt’s Title IX proceeding ‘disfavored Doe’ as a male, its policies framed women alone as ‘victims of sexual assault,’ and that “gender bias was a motivating factor in the erroneous outcome’ of the proceeding, suggesting ‘articulable doubt’ about his guilt.”
“Attorney Philip Byler told the 1st U.S. Circuit Court of Appeals that the ruling from U.S. District Court Judge Richard Stearns requiring that the plaintiff either file under his true name or dismiss the suit was unfair and contrary to the custom in such cases.”
“Respondent Kaija Freborg identified appellant Byron Johnson in [a Facebook] post as one of three dance instructors who had sexually assaulted her. Johnson sued Freborg for defamation, and Freborg moved for summary judgment. The district court granted summary judgment to Freborg because it determined that her statement was true and involved a matter of public concern.”
“Among the slated changes in the rules is a return to what’s known as the “single investigator” method of conducting inquiries, in which, as the name suggests, a complaint is often handled by one administrator. In 2020, Betsy DeVos, then secretary of education, put an end to that approach.”
“The Biden policies place schools and state officials between a rock and a hard place, caught between protecting the rights of women and girls under Title IX and state law and complying with administrative edicts that require them to allow males into female-only spaces.”
“The National Association of Scholars found, for example, that only 1 of 59 Title IX employees surveyed had any legal experience protecting due process in court, while almost all had politicized backgrounds in women’s studies or gender violence.”
“Joining us to analyze the regulations and their impact are FIRE’s executive director and author of the book “Twisting Title IX,” Robert Shibley, Allen Harris Law Partner Samantha Harris, and Brooklyn College professor KC Johnson.”
““In turn, the proposed Title IX regulations allow educational institutions greater latitude in constructing their own policies and procedures,” Miltenberg wrote in an email. “However, our concern is that the overall effect will be to marginalize due process protections for the sake of streamlined resolutions in order to meet the increased demand for resources under the broader definition of sex-based harassment.”
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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.
We provide affordable advisory services in defense of students and faculty wrongly accused of misconduct. Contact us by filling out the form below or calling (903) 309-0332. Learn more here.
Research due process and similar lawsuits by students accused of Title IX violations (sexual assault, harassment, dating violence, stalking, etc.) in higher education.
A basic directory for looking up Title IX attorneys, most of whom have represented parties in litigation by accused students.
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.
As of this posting, the below numbers are our current tallies of lawsuits and resolved investigations as tracked in our Title IX Lawsuits and OCR Investigations databases.
0
Title IX Lawsuits
0
Resolved Title IX OCR Investigations
News and Articles
Comments are now open for the new Title IX proposed regulations
“U.S. District Judge C.J. Williams said a reasonable jury could find Dordt’s Title IX proceeding ‘disfavored Doe’ as a male, its policies framed women alone as ‘victims of sexual assault,’ and that “gender bias was a motivating factor in the erroneous outcome’ of the proceeding, suggesting ‘articulable doubt’ about his guilt.”
“Attorney Philip Byler told the 1st U.S. Circuit Court of Appeals that the ruling from U.S. District Court Judge Richard Stearns requiring that the plaintiff either file under his true name or dismiss the suit was unfair and contrary to the custom in such cases.”
“Respondent Kaija Freborg identified appellant Byron Johnson in [a Facebook] post as one of three dance instructors who had sexually assaulted her. Johnson sued Freborg for defamation, and Freborg moved for summary judgment. The district court granted summary judgment to Freborg because it determined that her statement was true and involved a matter of public concern.”
“Among the slated changes in the rules is a return to what’s known as the “single investigator” method of conducting inquiries, in which, as the name suggests, a complaint is often handled by one administrator. In 2020, Betsy DeVos, then secretary of education, put an end to that approach.”
“The Biden policies place schools and state officials between a rock and a hard place, caught between protecting the rights of women and girls under Title IX and state law and complying with administrative edicts that require them to allow males into female-only spaces.”
“The National Association of Scholars found, for example, that only 1 of 59 Title IX employees surveyed had any legal experience protecting due process in court, while almost all had politicized backgrounds in women’s studies or gender violence.”
“Joining us to analyze the regulations and their impact are FIRE’s executive director and author of the book “Twisting Title IX,” Robert Shibley, Allen Harris Law Partner Samantha Harris, and Brooklyn College professor KC Johnson.”
““In turn, the proposed Title IX regulations allow educational institutions greater latitude in constructing their own policies and procedures,” Miltenberg wrote in an email. “However, our concern is that the overall effect will be to marginalize due process protections for the sake of streamlined resolutions in order to meet the increased demand for resources under the broader definition of sex-based harassment.”
Thank You for Reading
If you like what you have read, feel free to sign up for our newsletter here:
Support Our Work
If you like our work, consider supporting it via a donation or signing up for a database.
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.
Research due process and similar lawsuits by students accused of Title IX violations (sexual assault, harassment, dating violence, stalking, etc.) in higher education.
