PRESS RELEASE
Rebecca Stewart: 513-479-3335
Email: info@saveservices.org
Report Reveals Burgeoning Judicial Support for Campus Fairness and Due Process
WASHINGTON / January 18, 2022 – The “Analysis of Judicial Decisions Affirming the 2020 Title IX Regulation – 2022 Update,” which summarizes legal decisions favorable to accused students, is now available. An indispensable resource to judges, lawmakers, university attorneys, and Title IX coordinators, the Analysis analyzes 169 decisions issued by trial and appellate court judges as of January 1, 2022 that are consistent with the 2020 Title IX Regulation.
For each of the 27 major regulatory provisions in the Title IX regulation, the Analysis enumerates:
- Regulatory language
- Trial and Appellate Court decisions
- Summary
- Recommendation
Notable decisions issued in the last six months include:
Doe v. Texas A&M University – Kingsville: The District Court granted Doe’s motion for a temporary restraining order and preliminary injunction because “[Doe] was denied a full and fair opportunity to correct his own statement and to test the accuracy of other statements in a matter that is highly dependent on witness credibility.”
Doe v. Embry Riddle Aeronautical University: The District Court denied the university’s motion to dismiss because “[a] reasonable jury could infer . . . that ERAU operated under biased gender stereotypes regarding the role of males and females in giving and obtaining consent for sex.”
Moe v. Grinnell College: The judge denied the college’s motion for summary judgment, ruling that “[i]n light of differential treatment between Moe and the female respondent . . . a jury could find the adjudicator’s assessment about Moe’s credibility was based on biased notions as to men’s sexual intent.”
The Analysis reveals the following seven regulatory provisions are supported by 25 or more court decisions issued over the last decade:
- Impartial Investigations (Section 106.45(b)(1)): 48 decisions
- Bias Towards Complainant or Respondent (Section 106.45(b)(1)(iii)): 45 decisions
- Institutional Sex Bias (Section 106.45): 43 decisions
- Notice (Sections 106.45(b)(2)(i)(A), 106.45(b)(2)(i)(B), and 106.45(b)(5)(v)): 39 decisions
- Cross Examination (Section 106.45(b)(6)(i)): 38 decisions
- Evidence Evaluation (Section 106.45(b)(1)(ii)): 33 decisions
- Access to Evidence (Sections 106.45(b)(5)(iii) and 106.45(b)(5)(vii)): 27 decisions
The 133-page “Analysis of Judicial Decisions Affirming the 2020 Title IX Regulation – 2022 Update” is available for $100. Checks should be made payable to “SAVE” and sent to P.O. Box 1221, Rockville, MD 20849. Or send payment via PayPal with the notation, “Analysis of Judicial Decisions” (1).
More information about the Analysis is available online (2).
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