Title IX and Defamation: An Emerging Challenge Facing Higher-Education Institutions

There is currently a national focus on gender-based harassment. College campuses are no different. Even with the changes to Title IX guidance in the past months,1 eliminating sexual harassment and assault on campuses remains a national priority. One overlooked result of this focus is defamation litigation facing higher-education institutions.

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Students found to have violated university sexual harassment and sexual misconduct policies are fighting back in the courts. According to a 2015 study by United Educators (a large national insurance provider for colleges and universities), approximately 60% of Title IX-related lawsuits are brought by respondents (those accused of sexual misconduct).2 Respondents are asserting defamation claims against the individual who accused them as well as the university that disciplined them. The idea is that statements made by the accuser, through the course of a campus sexual assault investigation, are defamatory if the statements can be shown to be false. It has been reported that 72% of accused students who file a Title IX-related lawsuit against their university also sue their individual accuser for defamation.  For the full article, click here… 

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