A divided panel of the U.S. Court of Appeals for the Sixth Circuit has reinstated a Title IX retaliation lawsuit against the University of Kentucky. The crux of the court’s decision hinged on the district court’s erroneous conclusion that the plaintiff, Jane Doe, needed to be a current student at the time of her fourth disciplinary hearing for the case to proceed.
The majority opinion, authored by Judge Rachel Bloomekatz, reversed the ruling of the U.S. District Court for the Eastern District of Kentucky. The district court had granted summary judgment in favor of the university, asserting that the allegedly retaliatory actions cited in Doe’s complaint could not be considered “school-related actions” because she was no longer enrolled at the community college during which the events took place. The disciplinary hearing in question occurred nearly three years after the alleged sexual assault, after three previous rulings in Doe’s favor, and at a time when she was no longer a student.
“Two separate, lengthy delays and an abrupt, last-minute cancelation may dissuade a reasonable person from pursuing a Title IX claim in federal court,” noted Judge Bloomekatz in her opinion on behalf of the Sixth Circuit majority.
For more details on the panel’s decision, the original article can be found here.