Jacob Sapp, Esq.

#TitleIXRegs Update: The Biden Admin's Final #TitleIX Regs are scheduled for "Final Action" in May of 2023. No exact public release date provided. Still no update on the promised T9 Athletics/Gender Identity rule, despite scheduled December 2022 action. #EdLaw

Major #EdLaw Update. 11CA sitting En Banc publishes opinion in Adams v SJC case. Court holds that public schools separating the use of male and female bathrooms based on biological sex does not violate the Equal Protection Clause or #TitleIX. 150 page opinion, more info to come

One of my longer overviews of a HigherEdLaw case, but I think it should be carefully reviewed by #EdLaw attorneys, College ADs &, Compliance Officers as ruling touches on important Student Athlete Issues, which QI will no longer be available for violations of in 2CA.

Major Ruling: 2CA holds that under Connecticut law, a College Student Athlete's athletic scholarship qualifies as a protected property interest deserving of procedural due process. However, the CT grants defendant's MSJ based on Qualified Immunity as newly established. #EdLaw

Fed. 2nd Cir. Ct. of App. releases a 96 pg MSJ opinion addressing 1) College Athlete Freedom of Expression, 2) if Athletic Scholarships are Protected Property Interests deserving Procedural Due Process, & 3) College Athlete discipline under #TitleIX. #EdLaw Issues explained below

Federal 5th Circuit Court of Appeals holds that Plaintiff's #TitleIX Pre-Assault/Heightened Risk claim is not a cognizable COA under 5CA precedent, & declines to adopt a stance on the 6CA/Kollaritsch v. 10CA/Farmer Circuit Split over SPCT/Davis's definition of harassment . #EdLaw

Illinois Federal District Court grants #TitleIX student Plaintiff a 14 day Temporary Restraining Order, prohibiting his school kicking him out of on campus housing after investigation, hearing, and appeal failed to consider his claim that Complainant fabricated the report. #EdLaw

Important #TitleIX case to watch - a Federal DCT of North Carolina is sending the question of whether accepting PPP loans brings a school, that otherwise does not accept Federal Financial Assistance, into T9 jurisdiction to the 4CA via interlocutory appeal. #EdLaw

Fed DCT/OK denies School's MTD allowing Plaintiff's Negligent Hiring, Supervision, Retention & Failure to Train tort claims arising from Sexual Harassment of students by Employee to proceed. Ct finds that negligent performance of policy is not immunized as its ministerial. #EdLaw

Federal District Court of Oregon addressing the #TitleIX - #TitleVII Circuit Split joins the majority of Fed. Circuit Courts and holds that while the 9CA has not directly addressed the issue it will allow employees to bring both T7 & T9 COAs. #EdLaw

@BuckMichelle Yes. The 6CA disagreed with the district court and held that the SGA Faculty Director might qualify as an Appropriate Person, creating a GDOMF as to school's actual knowledge of the Pre-Feb 2018 harassment. #EdLaw

GA Federal DCT denies School's MTD finding that it was deliberately indifferent to Teacher on Student harassment & assault under #TitleIX. Ct also allows P's 1983 Equal Protection claim to survive holding that continued DI by HR & district established the requisite Custom. #EdLaw

Texas Federal Dct holds that athletic coaches in the k-12 context can qualify as appropriate person under #TitleIX & that even though school responded to current allegation of sex based hazing, it was Deliberately Indifferent after failing to address prior known incidents. #EdLaw

Important #TitleIX K-12 case, on cert. from the CA4, now set for #SCOTUS conference on 10/28. SG brief opposes cert. Attys for Fairfax School Board recently filed supplemental brief arguing continuing post-Gebser confusion re: proper scope of Title IX. See 21-968.

Unpublished Superior Ct. of PA opinion rules against University, holding that a #TitleIX Investigative Report authored by outside counsel is not protected by Attorney-Client Privilege & must be produced (redacted) in libel case brought by T9 respondent against complainant. #EdLaw