How Do State Public Records Laws Impact Title IX Settlements?

Posted by Joseph D. Lento | Jan 14, 2020 | 0 Comments

Title IX lawsuit in Arkansas was settled recently and, because of the state's relaxed public information laws, the details of the settlement were made public. They give an inside peek into how sexual misconduct claims against schools can be resolved, and raise important questions about the role of public information statutes in Title IX cases.

Southern Arkansas University Sued Under Title IX

The plaintiff in the lawsuit claimed that she was sexually assaulted while a student at Southern Arkansas University (SAU) back in 2015. According to the lawsuit, she was “forcibly groped” – she was having a consensual sexual encounter with one student when that student's friend assaulted her. She claimed that the assault was a setup and that both students conspired to do it.

When she reported the encounter to SAU, though, she claims that she was met with “deliberate indifference” and that the school:

  • Didn't have a grievance procedure that complied with Title IX requirements,
  • Failed to provide any interim safety measures,
  • Didn't tell the student her rights and options, and
  • Didn't inform her of her rights against retaliation.

She transferred to another school after the assault and filed the lawsuit three years after the alleged incident.

School Settles Claim, Public Information Laws Reveal Details

Like many Title IX claims against academic institutions, this one was settled outside of the courtroom. On January 9, 2020, both the student and SAU asked the court to dismiss the case because they had come to an agreement.

In most Title IX settlements, that would be the end of the story. Settlements are sealed and kept confidential. There are often serious penalties if either side in the agreement breaks that confidentiality.

In Arkansas, though, there is a robust public information law that allows far more access to government records – including settlements made by state agencies. Included in those state agencies are public colleges and universities in the state.

According to those documents, the settlement included:

  • A $55,000 payment to the student, made by SAU's insurance company,
  • Up to $5,000 in legal expenses accumulated by the student in the case, also paid by SAU's insurance company,
  • No admission of wrongdoing by SAU,
  • A promise by SAU to publish an article in the student newspaper with information about Title IX, students' rights under the law, and the Title IX process, and
  • An agreement by the Department of Education Office for Civil Rights to dismiss a complaint that the alleged victim had filed with them over the incident.

Joseph D. Lento: National Title IX Advisor and Defense Lawyer

It's unclear whether settlement disclosures like this one help or hurt the Title IX process. On the one hand, it publicizes settlements and gives an idea of how cases tend to get resolved. On the other hand, victims with weak cases may get encouraged by the possibility of a monetary settlement and file a Title IX claim to pressure schools into settling.

Joseph D. Lento is a Title IX defense lawyer and national Title IX advisor. Call his law office at (888) 535-3686 or contact him online if you have been accused of sexual misconduct.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, is admitted pro hac vice as needed nationwide, and he can help you or your student address any school-related issue or concern anywhere in the United States.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!


If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.