Title IX Student Discipline—Erroneous Outcome Claims

A federal judge has offered an insightful opinion about what is called an erroneous outcome claim by an accused student in a Title IX case that challenged an internal student disciplinary decision. In Doe v. Marymount, highly respected federal Judge T.S. Ellis (who now is presiding in the Manafort trial) found that the accused student’s allegations cast “articulable doubt” on the accuracy of the decision-maker’s adjudication that the student had sexually assaulted another student. Judge Ellis went on to comment that under the lawsuit’s erroneous outcome allegations, “[ i]f [the decision maker] possessed the outdated and discriminatory views of gender and sexuality as alleged in [the lawsuit], these views would have naturally infected the outcome of [the accused student’s] Title IX disciplinary proceedings.” Judge Ellis’ opinion is worth reading and instructive for education leaders on several aspects of Title IX student disciplinary processes.

Here it is: Doe v. Marymount