By Debbie Osgood and Jonathan Helwink
HMBR is regularly invited to discuss the latest Title IX trends at trainings, sessions, and workshops with Title IX administrators and higher education leaders. We are often asked: What are the courts doing in student respondent litigation? What steps can we take to lessen our risks in this area?
With these questions in mind, HMBR put together a summary – in chart form – of the key 2017 student respondent court cases across the country. The 64 cases included are primarily from federal courts (with six appellate court decisions), but we reviewed state level cases as well, and included those that we thought were relevant. The chart is organized by the federal circuit and includes the name of the case, a brief summary of the facts, a non-exhaustive list of the claims made by the student respondents, and the outcome of the litigation. In each case, the student was accused of a violation of the college or university’s sexual harassment or sexual misconduct policies.
We hope that the chart is a valuable resource for institutions looking to stay updated on the current environment of student respondent litigation across the nation.
All of the federal cases are up-to-date, as of the time of the publication of the chart. And, yes, HMBR is already updating the chart for 2018 and will continue to update the chart throughout the year.
For tips on steps to take now to avoid Title IX litigation, read our previous blog post. Please also feel free to directly contact us to discuss specific questions or issues.
To access the complete chart, click here: RespondentLitigationChart