Blog

How Much Have Title IX Claims Increased? New Article Provides Unsurprising Answers

Posted by Joseph D. Lento | Jan 10, 2020 | 0 Comments

An article recently published in the New York University Journal of Legislation and Public Policy is saying what we already knew about Title IX law: Far more lawsuits have been filed in recent years than ever before.

While the statistics cited in the article come as no surprise, they are still important to know to see the true extent of the problem.

Article Finds Sharp Rise in Title IX Litigation

The article, titled Campus Courts in Court: The Rise in Judicial Involvement in Campus Sexual Misconduct Adjudications, was written by a member of the Foundation for Individual Rights in Education (FIRE) and a history professor with an in-depth knowledge of the background of Title IX legislation.

We've covered FIRE before in our blog; they're the organization that gave schools terrible grades for their sexual misconduct policies.

In the article, the authors track the steep rise in Title IX lawsuits that have been filed in state and federal courts in the aftermath of the “Dear Colleague” letter issued by Obama's Department of Education in 2011.

In the first 21 months – nearly two years – there were only seven lawsuits. In 2013, there were seven more. Then the floodgates opened:

Year

Number of Title IX Lawsuits Filed

2014

25

2015

45

2016

47

2017

78

2018

78

Court Decisions Split Roughly Evenly

According to the article, while an estimated 74 cases were settled before the court could issue a ruling, those that had to be resolved with a judicial order were split roughly evenly between school and student.

Out of the 298 state and federal court rulings in these Title IX cases, colleges have won 134 times and lost 151. Out of the remaining 13 decisions, 11 had no clear winner in the outcome, and two were sealed.

Of course, these rulings came from every stage of the judicial proceedings, so not all of them were made after a full trial and with all of the evidence in play. Many of them were at the motion to dismiss stage, when almost no evidence has been accumulated and with the judge basing his or her decision on little more than the plaintiff student's complaint.

What These Numbers Mean: Title IX is Taking a Toll on Courts

There are a lot of takeaways from these numbers and the rest of the article. However, one of the clearest points that it makes is that sexual misconduct claims are sweeping out of school administrative buildings and into courtrooms. It's a sure sign that Title IX law is broken when students are taking the time, energy, and money that it takes to sue their own school because of how it handled their case.

Joseph D. Lento: Title IX Defense and National Advisor

Joseph D. Lento is a national Title IX advisor and defense attorney who helps represent students, faculty, and staff who have been accused of sexual misconduct on college campuses. Contact him online or call his law office at (888) 535-3686 if you have been accused of sexual wrongdoing and want help defending your future.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience passionately fighting for the futures of his clients. Mr. Lento represents students and others in disciplinary cases and other proceedings at universities and colleges across the United States while concurrently fighting in criminal courtrooms in Philadelphia, the Pennsylvania counties, and New Jersey. Mr. Lento has helped countless students, professors, and others in academia at more than a thousand universities and colleges across the United States. 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, and is admitted pro hac vice as needed nationwide.

Comments

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

Leave a Comment

Contact Us Today!

footer-2.jpg

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 our offices 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, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton 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.

Menu