Litigating Title IX Claims: History, Trends, and Predictions

In the forty-five years that Title IX has been on the books, it’s interpretation and implementation has evolved significantly, from enforcement of gender parity in student athletics funding to other forms of gender discrimination on campus. In the last decade, it has become especially well known for its use in lawsuits alleging sexual misconduct claims on college campuses, first outlined in a 2011 Dear Colleague letter from the Office of Civil Rights. This guidance has engendered controversy over the years, and in September 2017, the Department of Education announced that it would give schools the option to increase the standard of proof required in such cases, raising concerns that this will have a chilling effect on sexual assault reporting.

Taught by Kimberly C. Lau, a partner and practice leader of Warshaw Burstein’s College Discipline Practice, this program will provide a complex view of the landscape of gender discrimination lawsuits and college discipline historically and under the current administration.

Learning Objectives:

1. Review the history of Title IX
2. Discuss theories of liability under Title IX, including a a jurisdiction-by-jurisdiction analysis of the success of different theories    
3. Apply different theories of liability to lawsuits across the nation