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Appeals Court Eases Title IX Deliberate Indifference Standard for Universities in Faculty-Student Reports

Wamer v. University of Toledo, 27 F.4th 461; United States Court of Appeals, Sixth Circuit; March 2, 2022 Jaycee Wamer, a University of Toledo (“University”) undergraduate student, reported unwelcomed sexual advances and...more

Prior Non-Compliance Opens Door for District Liability in the Present

Jane Doe and Sally Doe, students at separate high schools, each sued the Metropolitan Nashville Public Schools (MNPS) for Title IX violations. They alleged that they had each experienced sexual harassment at school, with...more

Doe v. University of Denver

(2022COA57 – No. 20CA1545) - A state appeals court ruled that the University of Denver’s Office of Equal Opportunity Procedures were sufficiently certain for courts to enforce them under Colorado contract law. Doe, a...more

Judge Grants Preliminary Injunction for Illogical Reasoning, Bias, and Policy Deviations in Title IX Case

John Doe is a student at Texas Christian University (“TCU”). Doe and another TCU student, Jane Roe, dated in high school. At TCU, they maintained a sporadic sexual relationship. After the relationship ended, Roe filed a...more

Conducting Initial Assessments in K-12 Schools Under Title IX

A challenging aspect of the Title IX Coordinator’s role is performing initial assessments. The initial assessment takes place after an individual submits a report or a Formal Complaint, when the Title IX Coordinator...more

U.S. Supreme Court Seems Likely to Review “One Free Rape Rule” Under Title IX

The Supreme Court regularly hears petitions for certiorari, which is the formal term for its decision to accept cases. The court only “grants cert” in about one percent of cases each year. In May, the U.S. Supreme Court...more

Title IX Deliberate Indifference Claims Based on Post-Notice Retaliation Allegations Survive Dismissal

A student at Ohio University, Plaintiff (Doe) reported that another student (Smith) sexually assaulted her while she was intoxicated and unable to consent. Throughout the investigation process, Plaintiff alleged significant...more

Federal Judge Permits Suit from Parents Challenging School’s Assumption of Consent in Title IX Incident Involving Students with...

A 16-year-old female student, with significant cognitive impairments and the mental capacity of a six-year-old, alleged sexual assault by another student. The school deemed the behavior consensual and did not investigate the...more

Give the Gift of New, Flexible, Online Title IX eTraining to Your K-12 Investigators

Title IX Coordinators in K-12 settings continue to grapple with the challenge of providing effective, high-quality training for their Title IX teams, especially investigators. Properly training investigators, given their...more

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