Title IX
Allegedly False Rape Accusations as Sexual Harassment for Title IX Purposes
"[P]ersistent and unfounded branding of a man as a 'rapist' cannot be easily dismissed as anything other than sex-based harassment."
#TheyLied Lawsuits Alleging False Title IX Complaints: Defamation and Malicious Prosecution
"Malicious prosecution," which covers the bringing of civil and administrative quasi-judicial complaints and not just criminal complaints, becomes especially relevant given a recent Colorado Supreme Court decision limiting defamation claims.
How the NCAA Helped Trump Score Big on Transgender Issues
The organization was unfair to female competitors, was unfair to Lia Thomas, and handed the Trump administration a win on a silver platter.
Court Rejects Lawyer's and Client's Libel Claim Over Inside Higher Ed's Coverage of Title IX Suits
The court appears unmoved by the claim that an earlier ruling sent the "wrong message ... that people of color (all the plaintiffs are Latino) do not have a chance to get their day in this Honorable Court."
Why Is the Energy Department Making Rules About Sex and School Sports?
How Trump is using the agency to fast-track changes to discrimination law.
How Obama and Biden Paved the Way for Trump's Attacks on Universities
"Universities were bending over for federal funds long before Trump," writes Laura Kipnis.
Biden Makes Last-Ditch Pass at Interfering in College Sports
Even if the Trump administration quickly undoes it, it’s a precedent for future administrations.
University Doctor's Financial/Sexual/Mentoring Arrangement with Non-Student Leads to Title IX Claim
Not a student or "bona fide intern[]," no Title IX claim, the judge concludes.
Title IX's Exemption for Religious Institutions as to Sex, Sexual Orientation, and Gender Identity Is Constitutionally Permissible
The court concludes that the government may institute such an exemption, though doesn't decide whether it must do so.
Utah Joins Growing Number of States Ignoring Biden Admin's New Title IX Rule
The Biden administration says its new Title IX interpretation is a legitimate reading of the statute, but opponents characterize it as arbitrary and capricious.
Divided Sixth Circuit Panel Affirms Preliminary Injunction Against Department of Education Title IX Guidance
The court concludes states are likely to succeed in their procedural challenges to the Education Department's decision to extend Bostock to Title IX.
Worst 4/20 Ever
Plus: A listener asks the editors to steel man the case for the Jones Act, an antiquated law that regulates maritime commerce in U.S. waters.
New Title IX Rules Erase Campus Due Process Protections
The new rules allow students to be found guilty of assaulting a classmate without ever seeing the full evidence against them.
#TheyLied Libel Lawsuit Over Ex-Student's Allegations of Rape Can Go Forward,
and so can the professor's Title VII and Title IX discrimination claims against the university.
[UPDATE: Decision Reversed by Colorado Supreme Court] No Absolute Privilege for Accuser's Allegations in High School Sex Misconduct Investigation,
because the investigations doesn't offer the sort of due process available in a judicial trial.
Discovery of Comparator Incidents Available in Title IX Wrongful-Discipline Cases
A good illustration of how this principle can work.
The Buffalo Bills Cut Matt Araiza Over a Rape Accusation, but Key Evidence Vindicates Him
Prosecutors dropped the case after interviewing 35 witnesses who contradicted the accuser.
The Biden Administration Releases Proposed Title IX Regulations for Transgender Athletes
Schools are allowed to preserve sex-based restrictions for athletes provided they are "substantially related to the achievement of an important educational objective."
Private College Coaches' Flexibility to Eject Team Members Based on Condemnation by Teammates
"Coaches must generally consider a variety of factors—both objective and subjective—in managing a team, and these factors include concerns about distractions, team cohesion, and morale."
Title IX, Gender Identity, and the Consequences of Equity
Do the principles of Title IX in sports apply elsewhere?
Title IX: The New Shimmer of Statutes
It prohibits discrimination and mandates segregation.
En Banc Eleventh Circuit Rejects Legal Challenge to School District's Bathroom Policy
The Appeals Panel Rejects a Trangender Student's Bid to Use Bathroom Corresponding to the Student's Gender Identity Instead of Biological Sex.
The Sixth Circuit Denies En Banc Rehearing in Ohio State Title IX Case.
Judges on The U.S. Court of Appeals for the Sixth Circuit disagree over when Title IX claims accrue.
Are Men Done? They Are Failing at School, Work, and Life.
Richard V. Reeves documents terrible trends and suggests solutions that don't come at the expense of women.
District Court in Title IX Sexual Assault Case Rejects One-Sided Pseudonymity
"Plaintiff has sought to avail herself of the protections of anonymity (without prior Court order), all the while single-handedly precluding the Named Defendant from the ability to avail himself of similar protections."
The Education Department Asked for Public Comments on Sex Discrimination. It Got an Earful About Trans Athletes Instead.
Of the over 84,000 public comments available on the proposed Title IX regulations, a third included references to both “sex” and “sports.”
Biden Administration Guts Due Process Protections for Students Accused of Sexual Misconduct
Under the new regulations, Title IX investigators can deny students access to the evidence against them.
Religious Schools Needn't Follow New Title IX Gender Guidance To Stay in School Lunch Program
Plus: The Espionage Act is still bad, six more states could legalize recreational marijuana, and more...
5 Ways Biden's New Title IX Rules Will Eviscerate Due Process on Campus
The new rules would drop live hearings, bring back the single-investigator model, and limit accused students' options.
Title IX's 50th Anniversary Is a Dark Day for Due Process on Campus
The Biden administration just proposed new rules that would undermine basic fairness in college sexual misconduct disputes.
Title IX Didn't Make College Sports Equal, It Made Them Contentious
After 50 years, not only has Title IX failed to deliver on its promises for female athletes, it also made men's sports worse.
This Title IX Bill Would Undermine Due Process Rights for New Jersey College Students
The "victim-centered" training required by S.B. 2469 would compromise the impartiality of Title IX investigations.
California Considers Mandating Even More Sexual Harassment Training for College Students
The new law would require all state community college students to attend annual sexual harassment training.
Colorado Private Universities Have Contract & Tort Law Duties to Provide Fair Hearings to Accused Students
A "private educational institution owes a [tort law] duty, independent of any contractual promises, to adopt fair procedures and to implement those procedures with reasonable care when investigating and adjudicating claims of sexual misconduct by one student against another."
Johnny Depp and Amber Heard Demonstrate How Not To Handle a #MeToo Case
The torturous trial calls to mind Title IX investigations on college campuses.
Department of Education Prepares Rules Prohibiting School Discrimination Against Gay and Trans Students
It’s about a lot more than transgender girls’ participation in sports under Title IX, but expect that controversy to dominate the discussion.
Laura Kipnis on Lockdowns, #MeToo, and Sexual Paranoia on Campus
The essayist and cultural critic talked about her new book Love in the Time of Contagion, at a live event in New York City.
Laura Kipnis: How COVID Supercharged the #MeToo Movement
The Love in the Time of Contagion author says sexual paranoia is on the rise.
