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A Circuit Split On Pleading Standard For Title IX Claims

Law360 (March 13, 2018, 11:27 AM EDT) -- The Sixth Circuit's recent decision in Doe v. Miami University[1], provides both comfort and caution for universities facing claims of discrimination or bias in the conduct of their disciplinary proceedings relating to sexual misconduct.

The comfort comes from the Sixth Circuit’s application of the traditional pleading standard to Title IX claims — setting up a distinct split with the Second Circuit, which recently lowered a plaintiff’s burden for alleging claims of gender discrimination against a university under Title IX.

The caution, however, comes from the balance...
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