Collegiate Comment

The Ninth Circuit began the new decade of 2020 by defining and broadening the parameters of a relatively new pleading under Title IX. Dubbed the “pre-assault” claim, successful pleading would hold colleges and universities liable under Title IX for policies and practices that encourage or make more likely sexual assaults of female students on their campuses. The case, Karasek v. Regents of the … [Read more...] about The Newest Pleading Under Title IX: Pre-Assault Claims

The Middle District Court of Pennsylvania has reconsidered its prior decision and granted Gettysburg College’s motion to dismiss a Title IX claim against the college. The Title IX claim had been brought by a woman, Kelsi Kennedy, who alleged she was raped by three Gettysburg students at an alcohol-fueled party at a house owned by the Alumni Association of a former fraternity at the college. … [Read more...] about New Spin on Title IX Claim in M.D. PA Court

In what the U.S. Government Accountability Office characterizes in its Report to Congress as a “soft-power” initiative, China has financially supported Confucius Institutes (CIs) in colleges and universities in 44 states, as well as in K-12 school districts. The stated purpose of the CIs is to enhance the image of China, capitalizing on the image of Confucius, the ancient Chinese philosopher … [Read more...] about Confucius Says… Better Report or Else!

In July, Collegiate Comment reported on the growing number of court decisions in various jurisdictions that are refusing to recognize causes of action under Title IX brought by individuals sexually assaulted at colleges and universities. These rulings require that to sustain a Title IX cause of action, the victim of the assault and the alleged perpetrator must both be enrolled at the same … [Read more...] about Who Is a “Person” Under Title IX: Conflict Coming?

A Title IX lawsuit is a cause of action against an educational institution, not against an individual or group of individuals. Sexual assault is considered to be discrimination on the basis of sex, and individuals who experience sexual assault may bring a Title IX claim against the educational institution if the institution is deliberately indifferent to the assault. However, at least three … [Read more...] about Defining Who Is a “Person” Under Title IX

In a brief three-page document issued September 22, 2017, the Trump administration accomplished the destruction of two Obama-era legal concepts that appeared anathema to the new administration: (1) Title IX protection for lesbian, gay, bisexual, and transgender students, and (2) the requirement that educational institutions receiving federal funding use the preponderance of evidence standard in … [Read more...] about Feds Flip Flop On Title IX Protections