The LLF National Law Firm: Anti-Male Bias in Title IX Cases May Be on Its Way Out
A Virginia Tech student who claims the school is biased against men when it comes to allegations of sexual assault can move forward with his lawsuit, a federal judge has ruled. Thomas Terrill, director of the LLF National Law Firm’s Student Defense Team, says this case and a similar one, also against Virginia Tech, exemplify the changing landscape of Title IX litigation.
“Title IX litigation brought by accused students is no longer a rare phenomenon,” Terrill notes. Courts are increasingly willing to consider whether university disciplinary processes in Title IX cases are procedurally fair to accused students. “Depending on how cases are counted . . . more than 800 lawsuits have been filed nationwide over the past decade and a half,” says Terrill.
If you’ve been accused of sexual assault or another Title IX violation and believe there’s an anti-male bias in your college or university’s adjudication process, the Student Defense Team can help. We’ll review every decision point to ensure both:
- Due process, and
- A fair hearing
If your school doesn’t meet this standard, we’ll help you take them to court. Protect your future by calling 888-535-3686 or sending us a message online.
The LLF National Law Firm: A Move Toward Fairness in Title IX Cases
For years, Title IX’s grip on adjudication and discipline at schools that rely on some measure of federal funding (which is nearly all public colleges and universities, and many private ones) has been absolute. The courts have usually backed the schools, paying little heed to students who complained that a prejudice against men had colored the process.
Gradually, says Terrill, judges are becoming receptive to students’ arguments. Now, they’re “increasingly willing to allow some of these cases to proceed into discovery, when plaintiffs can identify specific facts suggesting unfair treatment or departures from institutional procedures.”
It’s a big step. Instead of dismissing suits alleging bias, courts increasingly allow students access to key evidence through the discovery process. Discovery allows the student to obtain, for instance:
- Internal communications about the matter among school officials
- The school’s training materials for handling Title IX investigations
- The investigator’s notes
- Deposition testimony from school officials and other participants in the process
Discovery can expose an institution’s internal decision-making process — and the role anti-male bias might play in it — to public scrutiny. If daylight is the best disinfectant, schools might need to get ready for some long overdue housekeeping.
What Does This Mean for Students?
“Schools face significant pressure to respond appropriately to reports of misconduct, comply with federal regulations, protect complainants, and maintain campus safety,” Terrill points out. At the same time, though, they’re obligated to handle investigations into student misconduct according to their published procedural standards.
- The students taking their schools to court for biased adjudication are shining a bright light on the way schools have prioritized the former at the expense of the latter.
Thomas Terrill and the rest of the LLF National Law Firm’s Student Defense Team are leading the charge for a more balanced approach to Title IX investigations and disciplinary decisions. If you’re the target of a Title IX investigation, don’t go through it alone. Call 888-535-3686 or send us a message online, and we’ll fight for you.