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 U.S. Department of Education missed its October deadline to finalize two long-awaited sets of Title IX regulations, delaying their release once more. The department has not announced a new date of expected release.”
Fourth Circuit: John Doe cannot proceed pseudonymously in his defamation claim against his accuser Jane Doe
Links to the story, opinion, and amicus brief by Eugene Volokh and First Amendment Coalition. Judge Thacker authored the court’s unanimous opinion, stating “Appellant’s central argument on appeal is that his case ‘center[s] around a confidential Title IX proceeding’ so it is different than ‘the garden variety defamation case’ and overcomes any public interest in disclosure of his identity. We disagree.”
Brown must release FERPA records related to six Title IX cases, district court orders
“The order is the latest filing in the 2022 case Smith v. Brown University, in which a student-athlete under the pseudonym of “David Smith” alleged that he was unfairly suspended after an allegedly biased Title IX investigation of a sexual assault claim made against him in 2021.”
Another court – CO Court of Appeals – holds accusers can be sued for defamation and IIED because Title IX proceedings are not quasi-judicial
Decision here, Law.com article here, local reporting here. Plaintiff also “presented sufficient evidence of actual malice to survive an anti-SLAPP motion.” Unlike the Connecticut Supreme Court decision in Khan v. Yale, this case involves accusations made in high school (Jefferson County School District).
Doe v. UNC: ACLU of NC fights against anonymity for accused students in TRO briefing, loses
“Some of You Lied About Your Gender”: Men Swamp Tech Conference for Women
“The new standard set in Counterman v. Colorado is a more subjective test for threats that requires proof that an individual consciously disregarded a substantial risk that their speech would inspire fear. The university system’s policies did not previously include a standard based on intent.”
While this lawsuit was filed last year, this is a rare interview between an accused student and the media because the father is also present for the interview. Usually, if the accused student speaks at all, he is speaking by himself, for himself. The father’s support here is a nice element.
The complaint claims NYU Law Review discriminates in favor of “women, non-Asian racial minorities, and homosexual and transgender individuals when selecting members and editors.” The complaint asserts Title VI and Title IX claims and demands declaratory and injunctive relief, costs, and attorney fees.
This bill was spurred by an audit that found flaws in CSU’s investigations.
How does harassment between student gamers who are often anonymous deprive them of equal access to education?
Title IX for All: Early Thanksgiving: 50% Off First Cycle for All Database Subscriptions With Code THANKS2023
From now until the end of Thanksgiving weekend (Monday, November 27th), users signing up to a subscription-based database can enter the code THANKS2023 to get 50% off the first cycle of the subscription. As always, you can cancel any time and still have database access for the period you signed up for.
“In a social media post that went viral…a student expressed her concerns about a recent assignment that asked students to write their ‘own fact scenario of an encounter between a man and a woman that ends up in rape.’”
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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 U.S. Department of Education missed its October deadline to finalize two long-awaited sets of Title IX regulations, delaying their release once more. The department has not announced a new date of expected release.”
Fourth Circuit: John Doe cannot proceed pseudonymously in his defamation claim against his accuser Jane Doe
Links to the story, opinion, and amicus brief by Eugene Volokh and First Amendment Coalition. Judge Thacker authored the court’s unanimous opinion, stating “Appellant’s central argument on appeal is that his case ‘center[s] around a confidential Title IX proceeding’ so it is different than ‘the garden variety defamation case’ and overcomes any public interest in disclosure of his identity. We disagree.”
Brown must release FERPA records related to six Title IX cases, district court orders
“The order is the latest filing in the 2022 case Smith v. Brown University, in which a student-athlete under the pseudonym of “David Smith” alleged that he was unfairly suspended after an allegedly biased Title IX investigation of a sexual assault claim made against him in 2021.”
Another court – CO Court of Appeals – holds accusers can be sued for defamation and IIED because Title IX proceedings are not quasi-judicial
Decision here, Law.com article here, local reporting here. Plaintiff also “presented sufficient evidence of actual malice to survive an anti-SLAPP motion.” Unlike the Connecticut Supreme Court decision in Khan v. Yale, this case involves accusations made in high school (Jefferson County School District).
Doe v. UNC: ACLU of NC fights against anonymity for accused students in TRO briefing, loses
“Some of You Lied About Your Gender”: Men Swamp Tech Conference for Women
“The new standard set in Counterman v. Colorado is a more subjective test for threats that requires proof that an individual consciously disregarded a substantial risk that their speech would inspire fear. The university system’s policies did not previously include a standard based on intent.”
While this lawsuit was filed last year, this is a rare interview between an accused student and the media because the father is also present for the interview. Usually, if the accused student speaks at all, he is speaking by himself, for himself. The father’s support here is a nice element.
The complaint claims NYU Law Review discriminates in favor of “women, non-Asian racial minorities, and homosexual and transgender individuals when selecting members and editors.” The complaint asserts Title VI and Title IX claims and demands declaratory and injunctive relief, costs, and attorney fees.
This bill was spurred by an audit that found flaws in CSU’s investigations.
How does harassment between student gamers who are often anonymous deprive them of equal access to education?
Title IX for All: Early Thanksgiving: 50% Off First Cycle for All Database Subscriptions With Code THANKS2023
From now until the end of Thanksgiving weekend (Monday, November 27th), users signing up to a subscription-based database can enter the code THANKS2023 to get 50% off the first cycle of the subscription. As always, you can cancel any time and still have database access for the period you signed up for.
“In a social media post that went viral…a student expressed her concerns about a recent assignment that asked students to write their ‘own fact scenario of an encounter between a man and a woman that ends up in rape.’”
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.
