Part I of this Note briefly discusses sexual assault and the legislative and legal history of Title IX. Part II of this Note provides an overview of “male bias” gender-discrimination suits and focuses in particular on the recent decisions by the Second Circuit and Sixth Circuit. In Part III, this Note explains the discrepancy behind the circuit split and illustrates the ramifications of applying one standard over another by pointing to similar arguments made within the Title VII employment context. This Note contends, further, that for the sake of maintaining consistency across jurisprudence and vindicating the goals of discrimination laws at large, courts should adopt the plaintiff- presumption approach as advocated by the Second Circuit and consider dismissal of non-substantiated claims at the later summary judgment phase. Lastly, in Part IV, this Note will address policy and legal implications of allowing gender-bias discrimination claims for the accused student, ultimately cautioning that “anti-male” bias claims should be treated similarly to other gender-discrimination claims.
Gender Parity: The Increasing Success and Subsequent Effect of ‘Anti-Male Bias’ Claims in Campus Sexual Assault Proceedings
15 Jan 2019