As of this posting, the below numbers are our current tallies of lawsuits and resolved investigations as tracked in our Title IX Lawsuits and OCR Investigations databases.

News and Articles

First, some general notes on September:

Our tally of lawsuits by accused students tracked in our Title IX Lawsuits Database has reached 814 (this includes some by accused professors). At least eight new lawsuits were filed in September in federal court – roughly twice the average number of new lawsuits in months prior. Our rough estimate from talking to attorneys is that for every case they litigate, they have represented ten accused students in a university setting (your mileage may vary).

We have received a substantial uptick in parents reaching out to us in the last two months with due process horror stories. This gives us the sense that universities have felt emboldened to ignore the 2020 regs more than usual in the past half-year. No doubt, this is due at least in part to the Biden administration announcing future regulatory changes that cut back on due process and issuing draft regs consistent with this.

Everything is telling us that we are about to live in interesting times (again) in this matter. We could see lawsuits reach the numbers we saw before COVID and the 2020 regs. We are developing new resources that should help legal professionals in particular – especially those new to this type of litigation – to quickly understand, circuit by circuit, the judicial decisions and legal theories behind the movement for due process. More on that soon.

And now, a recap on September’s news, in which opponents of due process are lining up to show their true faces.

Sweeping TRO issued against Brown University

An accused student recorded his interview with the investigator, allowing him to prove the university misrepresented him in its investigative report. “His intuition proved correct. Donna Davis reported almost nothing he said during the interview accurately, and she completely disregarded all the written statements he provided before and after his interview when she composed her investigation report.” Complaint here.

Senate Democrats and Title IX

Nineteen Senate Democrats signed their names to a statement explicitly requesting the removal of the presumption of innocence for students accused in Title IX proceedings. “Their ranks included respected moderates such as Amy Klobuchar and Jack Reed, as well as civil libertarians like Ron Wyden.” If you vote for these Senators, this is what you are voting for.

Short Take: Give A ‘Nym, Take A ‘Nym

Jane Doe wants anonymity for herself in her lawsuit against the person she accused of rape and the university she claims was deliberately indifferent to her. But she doesn’t want anonymity for the person she accused. She wants to plaster his name everywhere. Not a good recipe for a motion for pseudonym.

Ruling: Accuser Jane Doe has no Right to “Preserve Guilty Finding” in Sham Proceeding

Organizations like Know Your IX, NWLC, Dunn Law Firm, and similar feminist/accuser advocacy groups filed amicus briefs, asserting Jane Doe had a “right” for the man she accused to be officially and permanently recorded as guilty, regardless of whether the entire process was a sham. “This argument confuses Jane’s interests with her rights.”

Featured Comments to Proposed Title IX Regulation

Highlights and stats from the comments submitted to the Department of Education last month. The subject of our recent email campaign, with the addition of a comment from Families Advocating Campus Equality.

Complaint – Rare Race Discrimination Claim in Recent Accused Student Case

The complaint claims discrimination against a white respondent on the basis of race (and sex). This is rare; we have found that when the races of the plaintiffs are known, black students are four times as likely to file lawsuits alleging their rights were violated (report).

Cardona’s Title IX Rule Draws More than 349K Comments

The 349k figure was announced before ~200k comments were deleted by the Department of Education due to a “clerical error.”

USC Frats Form New Council, Claim School Policies Are ‘Unfair’ and ‘Flawed’

“Ten of the 14 fraternities at the University of Southern California have decided to form their own oversight body rather than comply with new regulations from the college.”