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Category Archives: Title IX

Texas Lawsuit Challenges Title IX Policies Protecting Transgender Students

In the nation’s deeply-divided political climate, many of the policies of the Biden Administration do not sit well with the government of the State of Texas. The 50th lawsuit filed by the State of Texas against the Biden Administration challenges the Administration’s interpretation of Title IX with respect to transgender students. Ken Paxton, Attorney General …

California Court Says There’s No Right to Cross-Examine Accusers in Title IX Cases

Not long after Connecticut’s highest court emphasized the problems caused by the lack of opportunity to meaningfully cross-examine adverse witnesses in a Title IX case, the highest court in California has reached a somewhat different conclusion. In Boermeester v. Carry, the California Supreme Court reversed a lower court ruling and declared that private universities are …

Will My Professors Know That I Have Been Accused of a Title IX Violation?

Allegations of Title IX violations—particularly those involving sexual violence—trigger a chain of events that can change the course of your life. The prospect is terrifying. It is also embarrassing. We often have a tendency to assume that people are telling the truth, so when someone makes an accusation in the court of public opinion, the …

Can You Be Jailed for a Title IX Violation?

Title IX is a short legislative provision with a long reach. Specifically, Title IX of the Education Amendments of 1972 states that no person in an educational program receiving federal assistance should be subjected to discrimination on the basis of sex. The definition of discrimination has expanded through regulations, judicial opinions, and agency guidance so …

Court Says Students Can Be Sued for Defamation Based on Statements Made During Title IX Investigation

In a move that dismayed victims’ rights organizations and gratified some free-speech civil liberties organizations, the Connecticut Supreme Court ruled that a student was not immune from defamation proceedings based on statements she made during the course of a Title IX disciplinary proceeding at Yale University. Writing for the Court, Justice Raheem L. Mullins observed …