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.
Lawsuit/Photo: Princeton Hearing Panel Member Falls Asleep During Testimony
“Professor Harman—who aggressively questioned John, but not Jane or Sarah—literally fell asleep while Sarah (the only complainant who appeared at the hearing) was testifying.” According to the lawsuit, the panel also engaged in burden-shifting by “repeatedly suggested that to be found innocent, John had to offer some explanation why Jane had made things up.” This lawsuit is in our Accused Students Database.
Programs to prevent sexual violence show no evidence of curbing assaults, analysis finds
“Sexual violence prevention programs effectively change ideas and beliefs that underscore assaults, but show no evidence of reducing their actual occurrence, a new comprehensive analysis shows.” Also, “Progress will be stifled,” they argue, “until public policy, public opinion and funding mechanisms catch up to a shift in thinking about the fundamental assumptions of effective prevention.”
Supreme Court overturns Chevron decision, curtailing federal agencies’ power in major shift
“Chevron deference” required courts to defer to administrative agencies’ interpretation of laws when statutes were unclear. This gave significant power to these agencies. Both recent injunctions against the Biden Title IX regulations needed to justify why they did not run afoul of the Chevron. The Biden admin has appealed these injunctions, but now it must face appellate courts in the Fifth and Sixth Circuits without Chevron in its quiver.
Update for ATIXA Community on Recent Title IX Regulations Injunctions
ATIXA’s update for school administrators on the impact of the two injunctions issued against the Biden Title IX regs. “For those in states covered by the injunctions, they will disrupt any plans you may have had to move away from live hearings, or to a model in which your investigator or coordinator is your decision-maker. That can’t happen now, at least in the short term, and maybe not ever.” Also: “Schools and colleges in those states would continue to use the 2020 Regs that we’ve worked with for the last four years. We know them. We understand them. They’re fair.”
Lawsuit: MSU Found Accused Teacher Not Responsible But Refused to Rescind Punishment
“As was made plain in the hearing officer’s decision, Plaintiff had engaged in no sexual misconduct…However, the University has not lifted the sanctions against Plaintiff. Plaintiff has been completely stripped of all of his former duties involving clinical teaching of veterinary students and residents, prohibited access to campus, unable to conduct research in his area of expertise, and effectively isolated from the scholarly community.”
Biden Title IX Regulations Halted in Ten States, Future Uncertain
The new Title IX regulations that roll back due process rights for accused students and require institutions to adopt further policies supporting gender identity (“trans”) matters have been temporarily halted in ten states. This comes as the result of two federal court orders.
At trial, ex-Illinois star Terrence Shannon Jr. found not guilty of rape
“A jury in Kansas found former Illinois basketball star Terrence Shannon Jr. not guilty of felony rape and aggravated sexual assault Thursday following a weeklong trial.” The University of Illinois had suspended Shannon following the accusation, but later dropped its investigation after he filed a lawsuit alleging the school made a “rush to judgment” and used an “unfair process” when it suspended him. Notably, the school also “did not have access to the complainant” or her witness. Shannon’s lawsuit is in our Accused Students Database.
Alabama college offers $75,000 in trade scholarships to women only
“Ed Barlett of SAVE Services said the program violates Title IX, a federal law that forbids discrimination on the basis of sex in higher education. Gadsden State should either ‘discontinue the illegal program, or offer scholarships of a similar value to male students,’ Bartlett told The Fix via email.”
One of oldest women’s studies departments in U.S. on chopping block
“Wichita State University is closing its women’s studies department, one of the oldest in the country, due to continuously low student interest…Over the past four years, the department increased course offerings and made other changes to reverse the downward direction of enrollment numbers.”
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.
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.
Lawsuit/Photo: Princeton Hearing Panel Member Falls Asleep During Testimony
“Professor Harman—who aggressively questioned John, but not Jane or Sarah—literally fell asleep while Sarah (the only complainant who appeared at the hearing) was testifying.” According to the lawsuit, the panel also engaged in burden-shifting by “repeatedly suggested that to be found innocent, John had to offer some explanation why Jane had made things up.” This lawsuit is in our Accused Students Database.
Programs to prevent sexual violence show no evidence of curbing assaults, analysis finds
“Sexual violence prevention programs effectively change ideas and beliefs that underscore assaults, but show no evidence of reducing their actual occurrence, a new comprehensive analysis shows.” Also, “Progress will be stifled,” they argue, “until public policy, public opinion and funding mechanisms catch up to a shift in thinking about the fundamental assumptions of effective prevention.”
Supreme Court overturns Chevron decision, curtailing federal agencies’ power in major shift
“Chevron deference” required courts to defer to administrative agencies’ interpretation of laws when statutes were unclear. This gave significant power to these agencies. Both recent injunctions against the Biden Title IX regulations needed to justify why they did not run afoul of the Chevron. The Biden admin has appealed these injunctions, but now it must face appellate courts in the Fifth and Sixth Circuits without Chevron in its quiver.
Update for ATIXA Community on Recent Title IX Regulations Injunctions
ATIXA’s update for school administrators on the impact of the two injunctions issued against the Biden Title IX regs. “For those in states covered by the injunctions, they will disrupt any plans you may have had to move away from live hearings, or to a model in which your investigator or coordinator is your decision-maker. That can’t happen now, at least in the short term, and maybe not ever.” Also: “Schools and colleges in those states would continue to use the 2020 Regs that we’ve worked with for the last four years. We know them. We understand them. They’re fair.”
Lawsuit: MSU Found Accused Teacher Not Responsible But Refused to Rescind Punishment
“As was made plain in the hearing officer’s decision, Plaintiff had engaged in no sexual misconduct…However, the University has not lifted the sanctions against Plaintiff. Plaintiff has been completely stripped of all of his former duties involving clinical teaching of veterinary students and residents, prohibited access to campus, unable to conduct research in his area of expertise, and effectively isolated from the scholarly community.”
Biden Title IX Regulations Halted in Ten States, Future Uncertain
The new Title IX regulations that roll back due process rights for accused students and require institutions to adopt further policies supporting gender identity (“trans”) matters have been temporarily halted in ten states. This comes as the result of two federal court orders.
At trial, ex-Illinois star Terrence Shannon Jr. found not guilty of rape
“A jury in Kansas found former Illinois basketball star Terrence Shannon Jr. not guilty of felony rape and aggravated sexual assault Thursday following a weeklong trial.” The University of Illinois had suspended Shannon following the accusation, but later dropped its investigation after he filed a lawsuit alleging the school made a “rush to judgment” and used an “unfair process” when it suspended him. Notably, the school also “did not have access to the complainant” or her witness. Shannon’s lawsuit is in our Accused Students Database.
Alabama college offers $75,000 in trade scholarships to women only
“Ed Barlett of SAVE Services said the program violates Title IX, a federal law that forbids discrimination on the basis of sex in higher education. Gadsden State should either ‘discontinue the illegal program, or offer scholarships of a similar value to male students,’ Bartlett told The Fix via email.”
One of oldest women’s studies departments in U.S. on chopping block
“Wichita State University is closing its women’s studies department, one of the oldest in the country, due to continuously low student interest…Over the past four years, the department increased course offerings and made other changes to reverse the downward direction of enrollment numbers.”
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.
