A federal appeals court’s decision in California puts pressure on institutions to ensure Title IX policies and procedures effectively prevent sexual misconduct.
A federal court opinion could put the policies and procedures of colleges and universities in California and the western U.S. under a microscope for their ability to prevent sexual assault.
An institution can be held liable for “pre-assault” claims, which allege that its policies for enforcing Title IX are inadequate, create an environment of “heightened risk” of sexual misconduct and lead a complainant to be harassed or assaulted, the U.S. Court of Appeals for the Ninth Circuit declared in a ruling Thursday. The federal law prohibits discrimination based on sex at institutions that receive federal funding and requires them to investigate reports of sexual misconduct.
Three former students who allege they were assaulted at the University of California, Berkeley, in 2012 initially brought a case against the University of California system’s Board of Regents in 2015 for Berkeley’s handling of their individual complaints. When the case was dismissed in district court, the women appealed.