• Liability & Procedural
• Records Access
• Hazing

Jane Doe v. Erskine College, et al., 8:04-cv-23001-RBH

U.S. District Court ruling permitting Title IX action against College to proceed. Question of whether or not College was deliberately indifferent in response to on-campus rape report was a question for a jury to determine. May 25, 2006.

Williams v. Board of Regents of the University System of Georgia, the University of Georgia, et al., 03-02531-CV-CAP-1

U.S. 11th Circuit Court of Appeals ruling permitting Title IX action against University that allegedly unreasonably delayed disciplinary proceedings in a gang rape case and had recruited the accused organizer of the gang rape, a member of the basketball team, even though he was known to have engaged in sexual misconduct previously. March 9, 2006.

Simpson, et al., v. University of Colorado, Boulder, et al.

Order granting defendant's motion for summary judgement. Entered March 31, 2005.

Kelly v. Yale Univ., 3:01-CV-1591

U.S. District Court for the District of Connecticut ruling that held a university may be held liable for an improper response to a campus sexual assault. Decided March 26, 2003.

Soper v. Hoben, 195 F.3d 845, 855

U.S. 6th Circuit Court of Appeals ruling that sexual assault constitutes harassment under Title IX. Specifically, the ruling held that rape qualifies as being severe, pervasive, and objectively offensive sexual harassment that could deprive a student of access to the educational opportunities provided by their school. Decided November 2, 1999.

Davis v. Monroe County Bd. Of Ed. (97-843) 526 U.S. 629 (1999)

U.S. Supreme Court ruling that private Title IX damages action may lie against a school board in cases of student-on-student harassment, but only where the funding recipient is deliberately indifferent to sexual harassment, of which the recipient has actual knowledge, and that harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school. Decided May 24, 1999.

Brzonkala v. Virginia Polytechnic and State Univ., 169 F.3d 820 (CA4 1999)

U.S. 4th Circuit Court of Appeals ruling ordering District Court to hear Title IX case concerning a sexual assault on a university campus consistent with the U.S. Supreme Court's ruling in Davis v. Monroe County Bd. Of Ed. Decided March 5, 1999. See also United States v. Morrison, 529 U.S. 598 (2000).

Gebser v. Lago Vista Independent School Dist., 524 U.S. 274 (1998)

U.S. Supreme Court ruling that damages may not be recovered for teacher-student sexual harassment in an implied private action under Title IX unless a school district official who at a minimum has authority to institute corrective measures on the district’s behalf has actual notice of, and is deliberately indifferent to, the teacher's misconduct. Decided June 22, 1998.

Title IX Rape and Sexual Assault Not Liable-

Ostrander v. Duggan, 341 F.3d 745

U.S. 8th Circuit Court of Appeals ruling that university was not liable under Title IX for sexual assault in a private off-campus house. Decided September 3, 2003.

Oden v. Northern Marianas College, 284 F.3d 1058 (9th Cir. 2002)

In a case applying the standard set forth in Gebser v. Lago Vista Independent School District, the 9th Circuit Court of Appeals held the University was not guilty of "deliberate indifference" to a complaint of sexual harassment, and thus the district court's entry of summary judgment was affirmed in this case. Decided March 22, 2002. Vacated by the U.S. Supreme Court on June 16, 2003 due to composition of the lower court's judicial panel.

Title IX Rape and Sexual Assault Procedural-

Simpson v. University of Colorado, Civil Action No. 02-RB-2390

Order permitting discovery of certain evidence, including diary entries and medical records, by defendant University in Title IX sexual assault case. Decided February 10, 2004.