A recent decision by the U.S. Court of Appeals for the Sixth Circuit has brought a Title IX retaliation case against the University of Kentucky back into the spotlight. The court ruled in a 2-1 majority opinion that the district court made an error in dismissing the case, stating that the plaintiff did not need to be a current student at the time of the disciplinary hearing in question in order to proceed with the lawsuit.
The case revolves around a student, referred to as Jane Doe, who alleged that she faced retaliatory actions from the university following a fourth student conduct hearing. This hearing took place nearly three years after the alleged sexual assault and after Jane Doe had already left the community college. Despite no longer being enrolled, Jane Doe claimed that the university’s actions were retaliatory in nature.
The district court had previously sided with the university, stating that the actions cited in the complaint were not considered school-related since Jane Doe was no longer a student at the time. However, the Sixth Circuit disagreed with this interpretation, highlighting that the timing of the alleged retaliatory actions should not be a determining factor in whether they are considered school-related.
This decision has significant implications for how Title IX retaliation cases are handled, as it clarifies that students do not need to be currently enrolled in order to seek justice for alleged retaliatory actions. The ruling emphasizes the importance of protecting students from retaliation, regardless of their current enrollment status.
Moving forward, this case sets a precedent for how universities must handle allegations of retaliation under Title IX. It reinforces the notion that all students, past and present, deserve to have their claims taken seriously and investigated thoroughly, regardless of when the alleged misconduct took place.
Overall, this decision by the Sixth Circuit serves as a reminder of the importance of upholding Title IX protections and ensuring that students feel safe coming forward with complaints of sexual misconduct without fear of retaliation. It sends a clear message that universities must be held accountable for their actions and that justice will prevail for those who have been wronged.
