Monday, July 15, 2019

Another Title 9 case ends up in court over process

As we keep noting, Title IX cases will tend to end up in court if penalties are significant (such as expulsion) and due process looks shaky to a judge accustomed to legal standards.

We have noted that separation of prosecution and decision making would go a long way to resolving this issue. But below is the latest case:

Former Grinnell College student's lawsuit over sex misconduct accusation, expulsion to go to trial

July 11, 2019, Des Moines Register

A federal judge will let a jury decide a lawsuit against Grinnell College that challenges the way the Iowa school handles sexual misconduct complaints.

The lawsuit was filed in March 2017 by a male student identified only as John Doe, who was expelled in 2016 after he was accused of sexual misconduct.

Judge Rebecca Goodgame Ebinger concluded in a ruling filed Tuesday that he has adequately shown that gender bias could have been a motivating factor in his dismissal and he may not have received a fair and impartial review of his appeal.

The student had sex with a female student. She said she willingly participated in the sex and didn't initially pursue a complaint but the college launched an investigation and later sought her participation.

Doe, who lives in the state of Washington, is seeking emotional and psychological damages, damage to reputation, past and future economic losses, loss of educational and athletic opportunities and loss of future career prospects.

He also wants a court order preventing Grinnell from violating federal laws prohibiting sex discrimination when it considers future sexual misconduct complaints.

A trial is set for Sept. 18.


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