IMPORTANT RULING: 6th Circuit Returns Title IX To Its Davis Root
You might have read about the Supreme Court’s decision in Davis v. Monroe County Board of Education. But it’s never mentioned in anything written by a Title IX activist group or article about “survivors” or the rape epidemic on campus. No college dean ever refers to it, although the lawyers for universities know it very well when their school is sued by an alleged victim. The reason for this is plain: the law from which the Title IX campus sex industry was born fails to support its existence and, by its explicit words, contradicts the existence of the unlawful scheme forced upon colleges by the bureaucrats in control of the Department of Education’s Office of Civil Rights in their “Dear Colleague Letters.”
Sixth Circuit Judge Alice Batchelder, however, remembers.
A victim of “student-on-student sexual harassment” has a private cause of action against the school under Title IX of the Education Amendments of 1972 (Title IX), 86 Stat. 373, codified as 20 U.S.C. § 1681, et seq., based on the formula first set out in Davis v. Monroe County Board of Education, 526 U.S. 629 (1999). Under that formula, the sexual harassment must meet a certain standard and the evidence must satisfy the elements for an intentional tort. Our particular focus in this appeal is on the requirements that the harassment must be “pervasive” and the school’s response must “cause” the injury.
This is a critical aspect of a university’s duty, that assuming the harassment rose to the level that implicated any Title IX duty at all, it was not the one-time act of sex which was subsequently regretted, but only sexual harassment that occurred afterward, after the student-on-student encounter, after the school was alerted and after the school was “deliberately indifferent” to that particular accuser’s complaint.
In other words, unless there was substantive reason to believe that a student would persist in “severe, pervasive and objectively offensive” conduct after the university was alerted to a complaint, and then was deliberately indifferent, Title IX wasn’t implicated at all. The vast majority of Title IX complaints fail to meet the stringent criteria for sexual harassment, and almost none of them involve conduct that went beyond a one-time sexual encounter.
In other words, there was no on-going conduct to address and nothing more than “don’t do it again” needed to satisfy the deliberate indifference prong. Expelling male students for sex where a woman enthusiastically consented to, if not initiated, sex when she was moderately drunk (though not incapacitated) finds no justification in the law whatsoever. This was never a requirement of Title IX. Not even close.
Colleges have long hidden behind the DCL from OCR as justification for destroying the lives of male students in order to “fulfill” their duties under the law. As the Sixth Circuit holds, this is a lie, a falsehood perpetuated by “survivor” activists and their friends in media, who have created a mythology on campus of entitlement to punishment of males for sexual encounters between students.
blog.simplejustice.us– Scott H. Greenfield
