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.

2CA reverses lower ct's grant of MSJ to School under #TitleIX and finds that a Jury could rule that Univ's discipline of female athlete was Sex Based Discrimination as she identifies male athletes who were not as harshly disciplined for similar misconduct while representing Univ.

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

Kentucky Federal District Court grants University's MSJ as to plaintiff's #TitleIX Retaliation claim. Ruling demonstrates the importance of using well trained Decision Makers at each hearing & thereafter appeal that articulate their findings tied to evidence & credibility. #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

@JakeHigherEdLaw This is only for the post-Feb. 2018 actions, correct? And the pre-Feb. 2018 student-on-student deliberate indifference and hostile environment grants of SMJ vacated and remanded?

Unpublished 6CA Opinion affirms SMJ dismissal of student's #TitleIX Deliberate Indifference (Faculty & Student harassment) claims. Case provides examples of when a few inappropriate comments and interpersonal conflict fail to rise to Davis/Kollaritsch standard. #EdLaw

Pro Se #TitleVI Complaint filed against Columbia University has the sweetest* request for relief i've seen in a while. Complainant asks for (among other things) 1,000,000 dollars, a cookie gift box, and a tall glass of milk. Excited to follow this case. #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