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.
“The ruling eliminates the long-standing “background circumstances” requirement for majority-group plaintiffs, significantly lowering the threshold for such claims.” All courts must now decide such Title VII claims under the same framework, whether the plaintiffs are from a majority or minority group. Here is the opinion.
In Colorado, witnesses in a school sexual misconduct investigation can no longer be held liable for defamatory statements even if the proceedings lacked key protections for the accused student’s rights. This is the opposite of what Connecticut Supreme Court found in Khan v. Yale. Some amici are the same in both cases. Here is Colorado Supreme Court’s decision, and here is the decision they reversed.
This resource aims to be more efficient and reliable than similar resources that often do not directly send users to relevant pages and contain numerous broken links.
“Originally meant to protect victims of sexual harassment or assault on campus, NCOs have become the go-to solution for a generation uncomfortable with face-to-face conflict.” Schools can help reduce this by declining to issue NCOs reflexively and a default process – as many do even in minor cases – and instead issue them “as appropriate” as federal regulations require.
The DOJ’s investigation letter refers to the system’s 2030 Capacity Plan, which states that “The campus goal is to achieve gender parity and have 25 percent underrepresented faculty.”
This article by TNG consultants on pattern-based evidence is useful and can help with serial perpetrators. However, it only invokes using pattern-based evidence to assess the credibility of respondents and not complainants.
“The defamation claim…can only succeed if the plaintiff can prove the communication was made with malice. Additionally, the bill expands existing special motion to strike procedures to include statements about sexual assault, allowing defendants to seek early dismissal of defamation claims if they can show they made the statement in good faith and with a reasonable belief that the sexual assault occurred.”
The process of this new “direct final rulemaking” Title IX rule is strange in that it originates from the Department of Energy. However, it simply amends one paragraph in § 1042.450 to provide that in athletics, contact sports teams must be sex-separate.
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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.
“The ruling eliminates the long-standing “background circumstances” requirement for majority-group plaintiffs, significantly lowering the threshold for such claims.” All courts must now decide such Title VII claims under the same framework, whether the plaintiffs are from a majority or minority group. Here is the opinion.
In Colorado, witnesses in a school sexual misconduct investigation can no longer be held liable for defamatory statements even if the proceedings lacked key protections for the accused student’s rights. This is the opposite of what Connecticut Supreme Court found in Khan v. Yale. Some amici are the same in both cases. Here is Colorado Supreme Court’s decision, and here is the decision they reversed.
This resource aims to be more efficient and reliable than similar resources that often do not directly send users to relevant pages and contain numerous broken links.
“Originally meant to protect victims of sexual harassment or assault on campus, NCOs have become the go-to solution for a generation uncomfortable with face-to-face conflict.” Schools can help reduce this by declining to issue NCOs reflexively and a default process – as many do even in minor cases – and instead issue them “as appropriate” as federal regulations require.
The DOJ’s investigation letter refers to the system’s 2030 Capacity Plan, which states that “The campus goal is to achieve gender parity and have 25 percent underrepresented faculty.”
This article by TNG consultants on pattern-based evidence is useful and can help with serial perpetrators. However, it only invokes using pattern-based evidence to assess the credibility of respondents and not complainants.
“The defamation claim…can only succeed if the plaintiff can prove the communication was made with malice. Additionally, the bill expands existing special motion to strike procedures to include statements about sexual assault, allowing defendants to seek early dismissal of defamation claims if they can show they made the statement in good faith and with a reasonable belief that the sexual assault occurred.”
The process of this new “direct final rulemaking” Title IX rule is strange in that it originates from the Department of Energy. However, it simply amends one paragraph in § 1042.450 to provide that in athletics, contact sports teams must be sex-separate.
Thank You for Reading
If you like what you have read, feel free to sign up for our newsletter here:
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).
