A recent Title IX lawsuit by a University of South Florida (“USF”) student was dismissed by a federal judge. The student, John Doe, accused USF of violating his rights under Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq. (“Title IX”).
Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded educational program or activity. It also mandates that colleges and universities investigate cases of sexual misconduct, including sexual harassment and sexual violence.
Recently, there has been a noticeable trend of male students accused of sexual misconduct citing Title IX in their own lawsuits claiming that their rights were violated because the institution allegedly mishandled the investigation. However, to date, most of these lawsuits have been unsuccessful. For example, earlier this year, New York district courts dismissed cases against Vassar College and Columbia University filed by male students who claimed that their Title IX rights were violated after they were found guilty of sexual misconduct.
Likewise, in the case at bar, Doe’s due process claim and his Title IX claim were both unsuccessful. He claimed that the institution violated his due process rights because he was never adequately notified that he was facing sexual assault charges. However, Doe admitted that he received two emails from an administrative specialist at USF’s student affairs office, but deleted the emails because he thought they were spam.
According to court documents, the first email titled “USF Rights and Responsibilities No Contact Letter – DO NOT DELETE,” included a letter from a dean informing Doe of the three student conduct charges against him. A second email sent approximately one month later was titled “USF Student Rights and Responsibilities Decision – DO NOT DELETE,” and it informed Doe that if he did not respond within five days, USF could assume that he was not contesting the school’s decision, which found him guilty, and he would be suspended for at least four years. It also stated that if he wanted to contest the findings he could go through a formal hearing process. Doe was later contacted to discuss his suspension but claimed to be unaware. He then requested to have his suspension lifted and the charges against him re-examined, but USF declined this request.
In his lawsuit, Doe claimed that he was a victim of gender discrimination under Title IX because males are typically found guilty regardless of the evidence in sexual assault claims. Additionally, Doe claims that the accuser was his ex-girlfriend who threatened him to file false rape charges in the past.
U.S. District Court Judge James Moody Jr. rejected Doe’s claims and dismissed the lawsuit. "These allegations fall woefully short of alleging a Title IX claim," Moody wrote. Ultimately, Doe could not meet the Title IX elements to show that USF intentionally discriminated against him on the basis of his gender because he couldn't identify a female in a similar position -- accused of sexual assault -- who was treated more favorably.
In the wake of the current increase in Title IX lawsuits brought by both complainants and accused students, institutions are advised to review their sexual misconduct policies and update them if necessary to ensure Title IX compliance. Following the right protocol and investigative measures can also serve to mitigate the risk of litigation by both complainants and accused students. We encourage schools to provide regular Title IX training to students, educators and all members of the school community on how to properly recognize, prevent and respond to allegations of sexual misconduct.
Please note that this is a general overview of developments in the law and does not constitute legal advice. Nothing herein creates an attorney-client relationship between the sender and recipient.