RULING: TitleIX Doesn’t Protect Drake ExTrustee Father Against Retaliation for Defending Learning Disabled Son
A university trustee who was fired after trying to defend his son in a Title IX proceeding can’t sue Drake University under the “novel” argument that the father is also covered by the education law, a federal judge ruled last month. The ruling is difficult to analyze because “there’s no direct precedent (one way or the other) applying to the specific facts” on the “highly technical issue” of whom Title IX covers, Title IX expert Prof. KC Johnson said. The senior Rossley won an earlier round in Ebinger’s court on the issue of whether he has standing to sue for retaliation under the Americans with Disabilities Act. His son has a learning disability and “word retrieval” problems, which the Rossleys allege were not taken into account during his son’s sexual-misconduct proceeding. “Now Drake University has the dubious distinction of being the first college in the United States to pave the way for all colleges to retaliate against their trustees and all volunteers who might stand up for someone’s civil rights under Title IX,” said Rossley Sr. Beyond advocating for his son, Rossley Sr. was “more importantly” warning his trustee colleagues that “Drake’s policies ran the risk of a financial liability for the institution–precisely what a trustee is supposed to be doing. The conduct of the Drake trustees in this case is highly problematic.” noted KC Johnson.
thecollegefix.com By Megan Keller
