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.
In Khan v. Yale, a War Over Pseudonymity
Last year, this lawsuit made powerful strides advancing the rights of accused students to sue their accusers for defamation and exposing sham Title IX grievance procedures. It now focuses on the degree of pseudonymity afforded to defendant Jane Doe. Khan sought a limited stay of the court’s pseudonymity order to comply with immigration paperwork requirements, claiming compliance requirements are strict and he faced execution if deported to his home country of Afghanistan. Doe objected, arguing his claims were sensational, the relief sought unnecessary, and the motion a cover for exposing and harassing her. Khan’s motion was denied without prejudice on the basis that more documentation should be submitted. Khan now seeks mandamus relief in the Second Circuit.
This lawsuit and nearly 900 others by accused students are in our Accused Students Database.
Professor who suggested shooting men who won’t vote for female presidential nominee leaves university
“University of Kansas professor who suggested during a lecture that men who refuse to vote for a female presidential candidate should be shot has left the school after video of the comments went viral. Dr. Phil Lowcock was a lecturer in the university’s Department of Health, Sport & Exercise Sciences, KCTV reports. He left the school after he was placed on administrative leave.”
Sixth Circuit Affirms Denial of Injunctive Relief in Noakes v. University of Cincinnati
“Noakes…says he faced a ‘moving target,’ as Roe claimed someone drugged her, while the hearing panel ultimately found she was too drunk to consent. But UC’s email and the preliminary report let Noakes know that the hearing would center on Roe’s capacity, as possibly influenced by drugs or alcohol enough to give him a ‘meaningful opportunity’ to formulate a defense, and due process did not require the university to share more.”
In Wright v. George Mason University, Ex-Law Prof’s Retaliation Claim Survives Motion to Dismiss
“The professor sued the university for retaliation after it had accepted the former student’s amended complaint claiming the professor retaliated against her when he sued her for defamation. Binnall Law Group in Alexandria represented Wright. “We are pleased that the court has affirmed Mr. Wright’s right to petition his state government through a defamation lawsuit, recognizing it as a constitutionally protected activity under the First Amendment.”
New Resources from Title IX for All
The following posts have been added to our library:
Help, My College Son/Daughter Was Falsely Accused of a Title IX Violation
If you have recently learned that your son or daughter is facing a Title IX accusation, you may feel lost or unsure of what to do. This guide can help.
Glossary of Terms Used in Title IX Grievance Procedures
Title IX investigations feel like a step into a quasi-judicial alternative universe. Schools may do things that sometimes seem excessively formal and at other times incoherent or illogical. Part of our job as advisors to respondents (accused students) is helping them understand nuanced or complex things about these investigations and how they are resolved.
Berkeley school district expected to settle 9 students’ sexual misconduct claims for $13.5M
“A district Title IX investigation found that Bissell had engaged in a years-long pattern of inappropriate behavior. And Berkeleyside later revealed that Superintendent Brent Stephens signed a gag order in February 2021, allowing Bissell to resign and agreeing to stay silent about his alleged misconduct to potential employers…Many students told Berkeleyside that their complaints are missing from BUSD’s files. Berkeleyside filed a Public Records Act request in 2021 for the disciplinary files of other teachers accused of sexual misconduct that the district still hasn’t made available.”
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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.
In Khan v. Yale, a War Over Pseudonymity
Last year, this lawsuit made powerful strides advancing the rights of accused students to sue their accusers for defamation and exposing sham Title IX grievance procedures. It now focuses on the degree of pseudonymity afforded to defendant Jane Doe. Khan sought a limited stay of the court’s pseudonymity order to comply with immigration paperwork requirements, claiming compliance requirements are strict and he faced execution if deported to his home country of Afghanistan. Doe objected, arguing his claims were sensational, the relief sought unnecessary, and the motion a cover for exposing and harassing her. Khan’s motion was denied without prejudice on the basis that more documentation should be submitted. Khan now seeks mandamus relief in the Second Circuit.
This lawsuit and nearly 900 others by accused students are in our Accused Students Database.
Professor who suggested shooting men who won’t vote for female presidential nominee leaves university
“University of Kansas professor who suggested during a lecture that men who refuse to vote for a female presidential candidate should be shot has left the school after video of the comments went viral. Dr. Phil Lowcock was a lecturer in the university’s Department of Health, Sport & Exercise Sciences, KCTV reports. He left the school after he was placed on administrative leave.”
Sixth Circuit Affirms Denial of Injunctive Relief in Noakes v. University of Cincinnati
“Noakes…says he faced a ‘moving target,’ as Roe claimed someone drugged her, while the hearing panel ultimately found she was too drunk to consent. But UC’s email and the preliminary report let Noakes know that the hearing would center on Roe’s capacity, as possibly influenced by drugs or alcohol enough to give him a ‘meaningful opportunity’ to formulate a defense, and due process did not require the university to share more.”
In Wright v. George Mason University, Ex-Law Prof’s Retaliation Claim Survives Motion to Dismiss
“The professor sued the university for retaliation after it had accepted the former student’s amended complaint claiming the professor retaliated against her when he sued her for defamation. Binnall Law Group in Alexandria represented Wright. “We are pleased that the court has affirmed Mr. Wright’s right to petition his state government through a defamation lawsuit, recognizing it as a constitutionally protected activity under the First Amendment.”
New Resources from Title IX for All
The following posts have been added to our library:
Help, My College Son/Daughter Was Falsely Accused of a Title IX Violation
If you have recently learned that your son or daughter is facing a Title IX accusation, you may feel lost or unsure of what to do. This guide can help.
Glossary of Terms Used in Title IX Grievance Procedures
Title IX investigations feel like a step into a quasi-judicial alternative universe. Schools may do things that sometimes seem excessively formal and at other times incoherent or illogical. Part of our job as advisors to respondents (accused students) is helping them understand nuanced or complex things about these investigations and how they are resolved.
Berkeley school district expected to settle 9 students’ sexual misconduct claims for $13.5M
“A district Title IX investigation found that Bissell had engaged in a years-long pattern of inappropriate behavior. And Berkeleyside later revealed that Superintendent Brent Stephens signed a gag order in February 2021, allowing Bissell to resign and agreeing to stay silent about his alleged misconduct to potential employers…Many students told Berkeleyside that their complaints are missing from BUSD’s files. Berkeleyside filed a Public Records Act request in 2021 for the disciplinary files of other teachers accused of sexual misconduct that the district still hasn’t made available.”
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.