Posso v. Niagara University, Docket No. 19-CV-1293-LJV-MJR, 2021 U.S. Dist. LEXIS 25782 (W.D.N.Y. Feb. 10, 2021)
02/16/2021Plaintiff’s pre-assault claim survived Niagara University’s motion to dismiss. The Court held that Niagara had actual knowledge of the heightened risk of sexual assault by male swimmers, and its systemic failure to intervene could be plausibly linked to Jane Doe-2’s sexual assault. Plaintiffs’ breach of contract and post-assault claims were dismissed.CATEGORY: Sexual Assault
Doe No. 3 v. Montana State University, Docket No. CV-20-23-BU-BMM-JTJ, 2020 U.S. Dist. LEXIS 239799 (D. Mont. Dec. 21, 2020)
01/05/2021Plaintiff Jane Doe survives Montana State University’s motion to dismiss. The Court held that the general pleading standard of FRCP Rule 9(b) applies to allegations of intent in Title IX cases. The Court also found sufficient allegations to support a finding of an official policy or custom of discrimination.
Doe v. Am. Univ., 2020 U.S. Dist. LEXIS 171086
10/20/2020John Doe’s lawsuit in the U.S. District Court for the District of Columbia was successful in overcoming the defendant’s motion to dismiss. Doe filed a lawsuit against American University alleging that the school mishandled a sexual assault allegation into Doe, which resulted in a year-and-a-half suspension. Plaintiff brought five causes of action, each under Title IX and the D.C. Human Rights Act, two breach of contract claims, and one negligence claim. The District Court granted the University’s motion to dismiss in part, denying the motion on Doe’s Title IX claim, D.C. Human Rights Act claim, as well as several breach of contract claims.
U.S. Department of Education Launches New Title IX Resources for Students and Institutions as Historic New Rule Takes Effect
10/5/20On August 14, 2020, U.S. Secretary of Education Betsy DeVos launched new resources to help students and schools understand the protections provided by the Department of Education’s (DOE) historic regulation on Title IX.
The rule extends many new protections against sexual harassment, and strongly safeguards the rights of all students, including the right to due process. The DOE also launched a new web site that provides a one-stop resource for this key information, including how to file a complaint, an overview of the rule’s protections for survivors, and a detailed webinar on how schools can fully implement and uphold the new provisions in the law.
This blog post provides details on the new regulations.
Doe v. Edgewood Indep. Sch. Dist., No. 19-50737, 2020 WL 3634519 (5th Cir. July 6, 2020)
07/21/2020Jane Doe was subjected to years of ongoing employee-on-student sexual misconduct. However, the misconduct never came to the attention of a staff member with the ability to institute corrective action. Without actual knowledge of the misconduct, Defendant school district could not be liable under Title IX. Furthermore, Plaintiff’s §1983 claims failed because Jane was unable to prove the requisite causal link between Defendant’s actions and the injury Jane suffered.
Doe v. Syracuse University, No. 5:17-cv-00787-TJM-ATB (N.D.N.Y. Apr. 30, 2020)
05/12/2020John Doe’s selective enforcement claim will proceed to trial after the Court denies both parties’ motions for summary judgment on the issue. It will be up to the jury to decide whether John was incapacitated and if Syracuse’s decision not to open an investigation into Jane’s potential misconduct was motivated by gender bias. John’s erroneous outcome claim was dismissed because there was insufficient evidence to show gender bias motivated Syracuse’s findings against John.
Doe v. Bd. of Trs. of the Univ. of Ala., No. 5:14-cv-2029-MHH, 2020 U.S. Dist. LEXIS 43864 (N.D. Ala. Mar. 13, 2020)
04/14/2020Student Jane Doe’s Title IX claim survived summary judgment because there was sufficient evidence the University of Alabama’s response to Jane being sexually assaulted was deliberately indifferentCATEGORY: Sexual Assault
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