Title IX

Title IX Might Be Forever Changed by Connecticut Supreme Court Decision

September 20, 2023 | Peter S. Lubin and Patrick Austermuehle

There’s a reason most survivors of sexual assault never report the crime. Many of those who do report it go by Jane Doe to protect their identity and avoid some of the abuse and death threats that get aimed at anyone who claims they were sexually assaulted.

Regardless of what the survivors of sexual assault are made to endure, society is generally more sympathetic towards the accused and the possibility that the accusation will follow them around for the rest of their life.

The latest example of this is the recent decision by the Connecticut Supreme Court to allow a former Yale undergraduate student who was accused of rape to sue his accuser for defamation.

When he first filed his lawsuit against his accuser, who is going by Jane Doe to protect her identity, an attorney representing Doe said she was protected by absolute immunity under Title IX, which is the law under which she made her accusation.

But the former Yale student insisted he had the right to sue her, and the case made its way up the court system until it reached the Connecticut Supreme Court, which ruled in his favor.

According to the state supreme court, Doe had qualified immunity, which allows the defamation lawsuit to go to trial, but requires the plaintiff to prove the defendant knew their statement was false or did not care that it was likely false at the time the alleged defamation occurred.

The Connecticut Supreme Court ruled that Doe would only have been granted absolute immunity if the Title IX proceedings had been quasi-judicial.

To qualify as quasi-judicial proceedings, they would have had to include Doe testifying under oath; the cross-examination of witnesses in real time; providing both parties the opportunity to present witnesses; allowing the accused to consult with an attorney; and providing the accused with a transcript or some other record of the hearing afterwards.

The problem with these requirements (especially the first two) is that it can be extremely difficult for survivors of sexual assault to relive their trauma by explaining it again and again on the stand. Continue reading ›

Seventh Circuit Reinstates Student’s Title IX Claim Finding that Purdue University May Have Discriminated against Men

July 16, 2019 | Peter S. Lubin and Patrick Austermuehle

Reversing the dismissal of the plaintiff’s Title IX complaint against Purdue University by a magistrate judge, the Seventh Circuit breathed new life into a claim against the university by a former student. The student, referred to only as John Doe in the opinion as is common in Title IX suits, alleged that Purdue University’s improper handling of a Title IX investigation ruined his ability to pursue a career in the Navy.

John Doe was a student at Purdue University on an ROTC scholarship when he was accused of sexual assault by a former girlfriend, who also was a member of Purdue’s ROTC program. After the university’s investigation, it held a hearing where, according to John’s complaint, the university prohibited him from presenting evidence and witnesses. Further, the university did not require John’s accuser to testify but instead chose to consider a letter written by one of the university’s Title IX coordinators containing a summary of the accusations against John. The university ultimately found John guilty of sexual assault and suspended him for one academic year. In addition, John lost his scholarship, was involuntarily discharged from the ROTC program, and banned from re-enlistment in the program. Purdue also shared the findings of its investigation with the Navy.

The university moved to dismiss John Doe’s complaint. A magistrate granted the motion to dismiss finding that John had failed to state a claim under Title IX. The Seventh Circuit began its analysis by reiterating that the protections of Title IX are enforceable through an implied cause of action. The court then proceeded to review the doctrinal tests developed by other circuits for establishing bias based on one’s sex. The Seventh Circuit declined to adopt any particular test opting instead to simply review the totality of the allegations to determine if it creates an inference that sex was a motivating factor in the university’s decision. Continue reading ›

Michigan State University Allegedly Withheld Information About Title IX and Discouraged Students from Reporting Incidents of Sexual Abuse — Chicago Title IX Lawyers

June 1, 2019 | Peter S. Lubin and Patrick Austermuehle

Despite the strides we’ve made towards gender equality, men’s careers are still typically seen as more valuable than women’s careers, not only in the form of higher salaries but also in the form of prioritizing men’s careers over women’s safety. This is true in almost every industry, but especially in college sports. Because college sports teams regularly bring in millions of dollars for their schools, colleges and universities often go to great lengths to protect their athletes and their athletic programs – even when it means sacrificing the educations and careers of female students.

Title IX is a federal law that was enacted to put a stop to these kinds of dangerous and discriminatory practices so women could feel safe on campus, and yet many women still struggle to access their rights under this federal protection. While many colleges all over the country have been accused of denying female students their rights under Title IX, Michigan State University is the latest to face a lawsuit alleging it denied rights guaranteed under Title IX to female students by actively discouraging them from reporting sexual harassment and assault conducted by members of the school’s athletic program. Continue reading ›

Sexual Assault Accusers On College Campuses Can Face Defamation Lawsuits For Making False Claims — Chicago Defamation Libel and Slander Lawyers Near Wheaton Elmhurst Lake Forest and Evanston

April 23, 2019 | Peter S. Lubin and Patrick Austermuehle

One of the reasons many sexual assault survivors don’t come forward is because doing so involves telling a traumatic story over and over again, so most of them figure they have a better chance of being able to move on with their lives if they just don’t say anything about it. However, sometimes the men are in fact falsely accused and this also has a traumatic and life-altering impact on them. These two factors are now causing more libel suits to be filed by male students who allege that they have falsely accused as a way to restore their reputations and good name.

The filing of such suits does have an impact on women coming forward to report sexual harassment and rape. Women who do come forward often have to endure threats, harassment, and people showing more compassion for their assailant than for them, since his life has allegedly been ruined by her accusations. Now men and women are finding that they have to face another layer in campus sexual assault claims — a libel suit.

Lately, experts and those working in education say they have seen a significant rise in the number of defamation lawsuits that have been filed over the past couple of years. Many of these lawsuits are filed by alleged assailants who claim they were the ones victimized by biased disciplinary panels that did not give them a fair hearing, and that their educations and careers were ruined as a result. While it used to be rare for students to sue their own school, experts say it is now becoming almost reflexive for those accused of sexual harassment or assault to sue their school as a result of those accusations. Continue reading ›

Title IX Lawsuits — We Defend the Rights of the Accused Too

January 20, 2018 | Peter S. Lubin and Patrick Austermuehle

While many have been cheering the fact that more and more women are coming out of the shadows to talk about the ways in which they were sexually harassed and abused, the current administration is still trying to silence those same women who have had to suffer through the shame and humiliation of having been attacked by members of the opposite gender.

Many of the advancements made under President Barack Obama’s administration are being pulled back under the current administration and many students fear Title IX protections will soon follow. With the appointment of Betsy DeVos to Education Secretary, advocates for those who have been targets of sexual harassment and assault are afraid that much of the steps forward that have been made regarding Title IX in recent years is about to be undone.

New Title IX rules created by DeVos are expected to be announced any day now, and considering DeVos’s recent comments defending those who believe they have been wrongly accused of sexual assault, many people are worried the new rule will work to protect them, rather than those on whom they prey. Continue reading ›

The Elimination of Bias in Gender in Education: Know and Fight for Your Rights — Chicago Area Title IX Attorneys

January 10, 2018 | Peter S. Lubin and Patrick Austermuehle

Educational amendments of 1972 protect people from discrimination based on sex in education programs and activities which are recipients of federal financial assistance. In the event of discrimination, taking legal action can be made under Title IX in order to empower oneself or other students. We have compiled the following resource to assist in as to how one is able to take legal action with the guidance of legal experts and you may wish to contact this firm if you feel that you are a recipient, or know of someone that may have endured discrimination.

Who is eligible to file?

Anyone who believes that they have been subject to acts of discrimination on the basis of sex against any person or group in a program that receives financial assistance may file a complaint with the OCR under Title IX. The bar to overcome is that of a general “hostile sexual environment.” All complaints should be sent to the OCR enforcement office that serves the state in which the alleged conduct occurred.

When to file?

Complaints must be filed within 180 days of alleged discrimination unless there is an extension granted “for good cause” by the Enforcement Office Director. Prior to filing, other options that may be available include using the school’s institutional grievance processes to have the issue addressed and resolved. By law, a complaint does not have to use the institutional process prior to filing with the OCR. A timeline does change should a person use the institutional process for grievance, with an allowance of an additional 60 days of the last act of the institutional grievance process. Continue reading ›

Baylor Settles Sexual Assault Civil Suit — Chicago Title IX Attorneys

July 24, 2017 | Peter S. Lubin and Patrick Austermuehle

In the onslaught of mishandled sexual assault allegations Baylor University is currently facing, it can knock one off the list.

The settled case involves a former student who alleges she was assaulted at a place called “The Rugby House,” an off-campus residence where Baylor officials had received reports of sexual assault occurring in the past. The plaintiff (who went only by Jane Doe, to protect her identity) did not name her attacker in the lawsuit, although she said he was not a member of the school’s rugby team.

The lawsuit claimed Baylor University had initially offered to help her identify the person who had drugged and kidnapped her, and told her they had received other reports of similar attacks happening at The Rugby House. But the university allegedly gave up the search and stopped contacting Jane Doe five weeks after the incident.

Jane Doe said she was too embarrassed to file a police report, but that her mother had contacted school officials about the incident to see what they were doing about it. Jane Doe dropped out in 2015 and filed her lawsuit against the school in 2016. The details of the settlement have not been released to protect her privacy. Continue reading ›

Title IX Lawsuit Filed By Multiple Alleged Victims — Chicago Evanston and Lake Forest Title IX Lawyers

May 20, 2017 | Peter S. Lubin and Patrick Austermuehle

When tragedy strikes, we are generally told not to blame the victim. Unfortunately, it’s human nature to do so, especially when the victims are women who have been sexually assaulted.

Ten different women filing similar allegations against Baylor University in Texas allege their rights were denied and/or violated under federal law. All the women allege they were sexually assaulted, either on school grounds and/or by other students, including at least one football player.

When the women reported the assaults to Baylor University officials, they’re reports were allegedly ignored and treated with indifference. Now the women have filed a total of six lawsuits against the school for allegedly violating their Title IX rights.

Baylor submitted requests for the first four lawsuits to be dismissed. It has not yet asked the court to dismiss the two lawsuits that were most recently filed, but it may still do so in the future. According to Baylor, the allegations submitted by the ten different women did not bear enough similarities to be filed jointly. Since they involved different places, victims, contexts, and alleged attackers, Baylor argued the combined cases should be dismissed and filed individually.

U.S. District Judge Robert Pitman disagreed, refusing all four of Baylor’s motions to dismiss. In his written decision, Pitman noted the similarities in claims brought by all the plaintiffs, namely their alleged mistreatment by Baylor officials, which allegedly resulted in deprivation of educational opportunities, either as a direct or indirect result of the trauma they suffered and the school’s refusal to properly handle the situation. Continue reading ›

Baylor Faces New Title IX Relating Sex Charges — Chicago and Evanston Title IX Lawyer

March 25, 2017 | Peter S. Lubin and Patrick Austermuehle

Although various people and organizations can put together estimates of the number of sexual assaults that take place in a given time frame, it is extremely difficult to come up with an accurate number. Because so many incidents go unreported, it is common for different sources to come up with wildly different estimates and it’s nearly impossible to tell whose estimates are more accurate.

According to a recent lawsuit filed against Baylor University, more than three dozen football players for the university committed at least 52 rapes in a four-year period.

These numbers are much higher than Baylor’s version of events, which currently recognizes 19 players involved in 17 reports of alleged physical attacks since 2011.

The most recent lawsuit, filed by a plaintiff whose name is only give as “Elizabeth Doe,” is just one of at least five such lawsuits filed against the university by women who were allegedly attacked and who claim the school did nothing to protect them or respond to their complaints. Continue reading ›

NPR Reports: “Coaches Defend University Of Tennessee Amid Sexual Assault Lawsuit”

March 8, 2016 | Peter S. Lubin and Patrick Austermuehle

NPR reports:

At the University of Tennessee Tuesday, 16 of the university’s head coaches held a rare joint press conference. They defended the university in the wake of a Title IX federal sexual assault lawsuit. ..

The press conference was a rare sight. All of the University of Tennessee’s head athletic coaches – including football, baseball, diving and soccer – sitting on a stage, telling reporters that UT is not such a bad place. Robert Patrick coaches women’s volleyball at the Southeastern Conference school.