Title IX Recap: What Happened in March 2023?

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.

March Additions to Our Databases

In March, Title IX for All added:

8 lawsuits by accused students to the Title IX Lawsuits Database for a total of 857
5 resolved Title IX investigations to the OCR Investigations Database for a total of 856
24 Title IX attorneys to the Attorneys Database for a total of 1,654

Kennedy introduces bill to ensure due process for college students in school proceedings

“Sen. John Kennedy (R-La.)…introduced the Ensuring Fairness for Students Act to codify due process in Title IX proceedings for students who are accused of sexual assault or harassment on school campuses.”

Title IX Sexual Assault Cases and Extraterritoriality

“Plaintiff sued under, among other things, Title IX, and Calvin [University] defended by arguing ‘that Title IX does not apply outside of the United States.’ No, said the court: ‘Plaintiff pleads deliberate indifference in the administration of the program, a claim based on Calvin University’s conduct in the United States.'”

Title IX Probe Into Inappropriate Touching During Water Polo Match Sparks Outrage

“A Title IX investigation into a UC Irvine water polo player accused of inappropriately touching two opponents during a match last month has sparked outrage over the precedent it might set in the sport.'”

Stanford University employee charged with lying about rapes

A Stanford employee was “said to have admitted” to lying about two rapes on campus and has been charged. The reports led to “campus-wide electronic alerts, which prompted widespread fear and a protest in October by hundreds of students who marched to demand university officials do more to protect students.”

Sixth Circuit Court of Appeals 480 x 270

Sixth Circuit Affirms “Professionalism” Proceedings May Minimize Due Process

“We have previously held, however, that dismissing a medical student for lack of professionalism ‘amounts to an academic judgment to which courts owe considerable deference.'”

Multimillion-Dollar Payouts Are on the Rise in Sexual-Misconduct Lawsuits. Colleges’ Insurers Have Had Enough.

“After the rulings are handed down in sexual-misconduct lawsuits against colleges, a second legal battle quietly begins. Determining who pays the legal fees and settlements — which, in the most sweeping cases, can total hundreds of millions of dollars.”

Court records reveal College sued for discrimination in Title IX

Attorneys at Nesenoff and Miltenberg represented and settled in favor of the plaintiffs in two of the three Title IX lawsuits brought against Grinnell College.

Video Discussion: Title IX and the Major Questions Doctrine

“Do elements of modern Title IX administration constitute a major question that Congress is best suited to consider? If so, how will this impact the future administration of Title IX regulations?”

Northwestern University AEP fraternity shut down for multiple violations

Northwestern shut down the campus Alpha Epsilon Pi frat which was accused of serving drugged alcoholic drinks. It appears that Northwestern couldn’t confirm the allegations (last year’s investigation ended with unconfirmed findings), so they shut down the frat when they served alcoholic drinks again.

Federal judge dismisses Title IX case against Utah universities involving former Utah linebacker

“While a federal judge in Utah dismissed the Title IX case Friday, the victim’s alleged attacker is still facing criminal charges in Utah courts for the same incident.”

Former U. Md. student cleared of sex assault claims sues school, 2 ex-members of campus advocacy group

After John Doe was cleared by the school’s Title IX process, two activists campaigned to smear him as a rapist. Doe then lost athletic opportunities. His accuser’s boyfriend tried to physically assault him. The school did nothing. He sued. The motion to dismiss has been in play for six months. According to this report, the judge denied the MTD in a motion hearing this Tuesday. Documents are sealed, but this report has notes from the hearing.

Colorado Colleges and Universities May Soon Face New Liability for Handling of Title IX Claims

“The Colorado Supreme Court will soon consider whether a school’s sexual misconduct policy, and its adherence to the policy, may give rise to contractual and tort claims. If the Supreme Court upholds the decision of the Colorado Court of Appeals, Division VII, and finds that such contractual and tort duties exist under Colorado law, a student, employee or faculty member dissatisfied with the outcome of their Title IX investigation will have additional recourse in the courts to challenge the school’s determination.”

Hopeless Wake Forest Motion to Dismiss Denied a Day After Filed

“Defendant’s motion to dismiss the Title IX claim will be denied for the reasons previously stated” when Judge Kenneth Bell ruled on the motion for injunctive relief.

2.8 million more women than men graduated college from 2016-2020

“The educational landscape in higher education dramatically changed after Title IX was signed into law on June 23, 1972. And it was not merely the law that transformed the educational outcomes 50 years later.”

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.