Every month, we distribute a โTitle IX Recap,โ providing a highlight of the previous monthโs 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 Databaseย andย OCR Resolutions Database respectively.
The Ninth Circuit recently held that a public school district violated an accused student’s rights when it failed to provide notice of additional charges when they were used as the basis for extending a suspension. This also deprived the accused student of a meaningful opportunity to respond. The court further held that Goss v. Lopez “requires notice of the โchargesโ against a student as well as an โexplanation of the evidence the authorities have,โ not simply a description of the event in question.”
The court that has become notoriously hostile to pseudonymity (for accused students) took exception to Doe relying on citations to a dissenting opinion in a denial of a writ of certiorari and out-of-circuit district court opinions in hisย briefย (none of the out-of-circuit citations were to the paradigmatic 2023 First Circuit pseudonymity opinion inย Doe v. MIT). Doe now has to reveal himself or voluntarily dismiss his case.
Title IX attorneys Susan Stone & Kristina Supler: “We believe courts will remain the most effective for individuals seeking relief….for years, we have generally counselled our clients against filing complaints with OCR for the simple reason that the government is incredibly slow in addressing complaints, especially if the desired relief is time sensitive.”
The Education Department laid off โnearly 50 percentโ of its more than 4,100 employees Tuesday evening, according to four sources inside the agency who were told about the plans and an agency news release.
“Thinking that perhaps people intuitively find sexual misconduct more morally repugnant, Maimone and her colleagues conducted a follow-up survey of academics. But these researchers said they would be more likely to cite someone accused of sexual misconduct than scientific misconduct, directly contradicting the study findings. This could be because the researchers were unwilling to report their true feelings, thinking they contradicted scientific norms, Maimone saysโor because they were unaware of their likely citation behavior in the real world.”
“Joshua D. Wright, a former professor at George Mason Universityโs Antonin Scalia Law School, has settled his defamation lawsuit against two former students who accused him of abusing his position to initiate sexual relationships while they were in law school.” Wright had retained Binnall Law Group which posted a full statement from Mr. Wright on X.
More Activist Groups Seek to Intervene to Defend Biden Title IX Regulations
A month after the court vacated the regulations at summary judgment, a Better Balance filed a motion to intervene with the goal of defending the regulations on appeal. Their proposed Answer can be found here.
The injunction, issued July 2 by Judge John Broomes in U.S. District Court for the District of Kansas, barred the regulations from going into effect in Kansas, Alaska, Utah, Wyoming, and in other states attended by the members of various organizations in both K-12 and postsecondary institutions.
“Sexism is surely a problem, but it may not be the main problem. Thereโs growing evidence that girls and women arenโt pursuing STEM careers because theyโd simply prefer not to. That is, that sex differences in the STEM workforce may largely be a product of sex differences in interests and priorities.”
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Every month, we distribute a โTitle IX Recap,โ providing a highlight of the previous monthโs 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 Databaseย andย OCR Resolutions Database respectively.
The Ninth Circuit recently held that a public school district violated an accused student’s rights when it failed to provide notice of additional charges when they were used as the basis for extending a suspension. This also deprived the accused student of a meaningful opportunity to respond. The court further held that Goss v. Lopez “requires notice of the โchargesโ against a student as well as an โexplanation of the evidence the authorities have,โ not simply a description of the event in question.”
The court that has become notoriously hostile to pseudonymity (for accused students) took exception to Doe relying on citations to a dissenting opinion in a denial of a writ of certiorari and out-of-circuit district court opinions in hisย briefย (none of the out-of-circuit citations were to the paradigmatic 2023 First Circuit pseudonymity opinion inย Doe v. MIT). Doe now has to reveal himself or voluntarily dismiss his case.
Title IX attorneys Susan Stone & Kristina Supler: “We believe courts will remain the most effective for individuals seeking relief….for years, we have generally counselled our clients against filing complaints with OCR for the simple reason that the government is incredibly slow in addressing complaints, especially if the desired relief is time sensitive.”
The Education Department laid off โnearly 50 percentโ of its more than 4,100 employees Tuesday evening, according to four sources inside the agency who were told about the plans and an agency news release.
“Thinking that perhaps people intuitively find sexual misconduct more morally repugnant, Maimone and her colleagues conducted a follow-up survey of academics. But these researchers said they would be more likely to cite someone accused of sexual misconduct than scientific misconduct, directly contradicting the study findings. This could be because the researchers were unwilling to report their true feelings, thinking they contradicted scientific norms, Maimone saysโor because they were unaware of their likely citation behavior in the real world.”
“Joshua D. Wright, a former professor at George Mason Universityโs Antonin Scalia Law School, has settled his defamation lawsuit against two former students who accused him of abusing his position to initiate sexual relationships while they were in law school.” Wright had retained Binnall Law Group which posted a full statement from Mr. Wright on X.
More Activist Groups Seek to Intervene to Defend Biden Title IX Regulations
A month after the court vacated the regulations at summary judgment, a Better Balance filed a motion to intervene with the goal of defending the regulations on appeal. Their proposed Answer can be found here.
The injunction, issued July 2 by Judge John Broomes in U.S. District Court for the District of Kansas, barred the regulations from going into effect in Kansas, Alaska, Utah, Wyoming, and in other states attended by the members of various organizations in both K-12 and postsecondary institutions.
“Sexism is surely a problem, but it may not be the main problem. Thereโs growing evidence that girls and women arenโt pursuing STEM careers because theyโd simply prefer not to. That is, that sex differences in the STEM workforce may largely be a product of sex differences in interests and priorities.”
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 Educationโs 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.