Sealing Motion in Title IX Appeal
KC Johnson (Academic Wonderland) reported Sunday:
Over the past six years, each U.S. Court of Appeals (outside of D.C. and the Federal Circuit) has featured at least one oral argument by an accused student in a Title IX case. The Sixth Circuit—with nine oral arguments—has led the way; there have been 35 oral arguments overall.
These arguments haven’t occurred in a vacuum. Before 2012, this had been a sleepy area of the law—two decisions from the Second Circuit, one from the Sixth, a handful of district court decisions. But the 2011 Dear Colleague letter revolutionized Title IX policy, prompting colleges to tilt their procedures in favor of accusers and producing a wave of litigation (457 federal lawsuits and counting) from accused students. The resulting body of law ultimately supported new federal regulations requiring colleges to give accused students more robust procedural protections.
Each of these cases dealt with sensitive issues—allegations of sexual assault or other forms of misconduct, often involving additional evidence (text messages, university investigative reports, student witness statements) touching on
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