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.
What will Donald Trump’s 2nd term mean for Title IX?
“We’re informing all our members that they should expect sometime in 2025 that the ’24 regs will fall somehow,” said Sokolow.
‘What Is Certain Is Uncertainty’: Patchwork Title IX Rules Face Expected Changes in Second Trump Administration
“Patricia Hamill, a member with Clark Hill and co-chair of the firm’s Title IX and campus discipline practice, told Law.com that it would be difficult to predict the full impact of the recent election on Title IX, but what is certain is uncertainty. ‘Certainly, even if you do not love every aspect of a set of regulations, at least it gives some predictability to all parties.'”
Second Circuit Affirms Grant of Summary Judgment (Title IX/Estoppel) to NYU
Regarding estoppel: Doe’s school-appointed advisor told him that ”under no circumstance will [he] be expelled,” so he delayed seeking more professional assistance until he was found responsible…and expelled. The District Court held that the school-appointed advisor lacked the authority to make such a promise, so Doe could not reasonably rely on such a statement. The Second Circuit affirmed: “A plaintiff bringing such a claim under New York law must prove that they reasonably relied on an unambiguous promise and suffered harm as a result of that reliance.”
Eleventh Circuit Addresses Implied Right of Action Under Title IX for Employees’ Sex Discrimination Claims
“The Eleventh Circuit addressed what it called the ‘fundamental question’ of whether Title IX provides an implied right of action for sex discrimination in employment.” It held that it does not. “The Eleventh Circuit relied on the U.S. Supreme Court’s landmark 2001 decision in Alexander v. Sandoval, which held that courts may not create an implied right of action without a clear indication of congressional intent to create a cause of action under a statute.”
Second Circuit Holds Title IX Respondents May Allege Deliberate Indifference
“The respondent must show that the recipient was deliberately indifferent to the truth or falsity of the accusations of sexual misconduct made against him…The malicious accuser’s sex-based discriminatory ‘intent may be imputed to [the recipient]’ when the [school] ‘controlled … the very complaint process by which she sought to effectuate her allegedly discriminatory intent’ and the recipient effectively ‘implemented’ the accuser’s ‘discriminatory design.'”
Strong Pseudonym Ruling Arguing a Public Interest Angle
Judge Dennis Saylor (who also authored the famous Doe v. Brandeis opinion): “The public certainly has an interest in fair and unbiased Title IX proceedings. Those parties who wish to litigate the fairness of those proceedings are less likely to do so if it would require waiving their confidentiality and publicly associating themselves with the allegations and findings they challenge as erroneous.”
Timeline: The Movement for Fairness for Accused Students and Teachers
How did we get here? Why are schools investigating and judging accusations of criminal behavior? What have schools and public officials done to make the process fair…or unfair? We answer these questions in our new timeline.
Court records show WVC Title IX Coordinator has previous domestic violence conviction
Wenatchee Valley College found to have hired a Title IX Coordinator in 2023 with a domestic violence conviction from six years prior. He was also the Executive Director of Climate, Culture, Diversity, and Belonging. He was still listed on the university website as a campus contact for misconduct reporting until shortly after the news broke.
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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.
What will Donald Trump’s 2nd term mean for Title IX?
“We’re informing all our members that they should expect sometime in 2025 that the ’24 regs will fall somehow,” said Sokolow.
‘What Is Certain Is Uncertainty’: Patchwork Title IX Rules Face Expected Changes in Second Trump Administration
“Patricia Hamill, a member with Clark Hill and co-chair of the firm’s Title IX and campus discipline practice, told Law.com that it would be difficult to predict the full impact of the recent election on Title IX, but what is certain is uncertainty. ‘Certainly, even if you do not love every aspect of a set of regulations, at least it gives some predictability to all parties.'”
Second Circuit Affirms Grant of Summary Judgment (Title IX/Estoppel) to NYU
Regarding estoppel: Doe’s school-appointed advisor told him that ”under no circumstance will [he] be expelled,” so he delayed seeking more professional assistance until he was found responsible…and expelled. The District Court held that the school-appointed advisor lacked the authority to make such a promise, so Doe could not reasonably rely on such a statement. The Second Circuit affirmed: “A plaintiff bringing such a claim under New York law must prove that they reasonably relied on an unambiguous promise and suffered harm as a result of that reliance.”
Eleventh Circuit Addresses Implied Right of Action Under Title IX for Employees’ Sex Discrimination Claims
“The Eleventh Circuit addressed what it called the ‘fundamental question’ of whether Title IX provides an implied right of action for sex discrimination in employment.” It held that it does not. “The Eleventh Circuit relied on the U.S. Supreme Court’s landmark 2001 decision in Alexander v. Sandoval, which held that courts may not create an implied right of action without a clear indication of congressional intent to create a cause of action under a statute.”
Second Circuit Holds Title IX Respondents May Allege Deliberate Indifference
“The respondent must show that the recipient was deliberately indifferent to the truth or falsity of the accusations of sexual misconduct made against him…The malicious accuser’s sex-based discriminatory ‘intent may be imputed to [the recipient]’ when the [school] ‘controlled … the very complaint process by which she sought to effectuate her allegedly discriminatory intent’ and the recipient effectively ‘implemented’ the accuser’s ‘discriminatory design.'”
Strong Pseudonym Ruling Arguing a Public Interest Angle
Judge Dennis Saylor (who also authored the famous Doe v. Brandeis opinion): “The public certainly has an interest in fair and unbiased Title IX proceedings. Those parties who wish to litigate the fairness of those proceedings are less likely to do so if it would require waiving their confidentiality and publicly associating themselves with the allegations and findings they challenge as erroneous.”
Timeline: The Movement for Fairness for Accused Students and Teachers
How did we get here? Why are schools investigating and judging accusations of criminal behavior? What have schools and public officials done to make the process fair…or unfair? We answer these questions in our new timeline.
Court records show WVC Title IX Coordinator has previous domestic violence conviction
Wenatchee Valley College found to have hired a Title IX Coordinator in 2023 with a domestic violence conviction from six years prior. He was also the Executive Director of Climate, Culture, Diversity, and Belonging. He was still listed on the university website as a campus contact for misconduct reporting until shortly after the news broke.
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.
