Threshold Issue I
These Circuits follow the Single Instance Test
First, Fourth, Fifth, Tenth, Eleventh
These three cases hold that the conduct must have a "systemic effect" in order to be actionable.
1) KT v. Culver-Stockton
2) Williams v. Board of Regents of Univ of GA
3) Kollaritsch v. Mich State Bd of Trustees
Control must be this in order for liability to attached.
Substantial
This is the test for deliberate indifference.
When a school's response to harassment (or lack thereof) is clearly unreasonable in light of known circumstances AND
Must make the student vulnerable to harassment
The best decade for movies and music
The 80s
These are three reasons as to WHY the Court should adopt the Single Instance Test
1) Plain language of statute
2) Remedial purpose of legislation
3) Legislative history & statutory construction
This is what Courts look at to determine if conduct is actionable as severe and pervasive
1) Aggressive and antagonistic
2) uninvited, unwanted and non-consensual
3) Relationship of the harasser and victim
Some might argue that the there must also be this in order for Title IX liability to apply
This case says that trivializing and dismissing acts of harassment is deliberate indifference.
Doe v. Fairfax County Board of Ed.
What are the Giants and the Yankees
These are the elements of the Single Instance Test
2) Absence of remediation
3) makes student vulnerable to further harassment
These Circuits follow the Multiple Instance Test
Sixth, Eighth, Ninth
These facts support a finding of substantial control
1) took place during the school year and during the fall tennis season; 2) school authorized the entry into the tournament; 3) Coach was the chaperone and decided all matters for the team; 4) Needed signed permission slips; 5) the school could discipline Nathan for his actions
This case holds that schools do not need to take the action that the parents request to avoid Title IX liability.
Sanches v. Carrollton-Farmers Ind. Sch. Dist.
The three things you should say when you enter your appearance at Oral Argument
1) May it please the Court
2) Name
3) Name of client
This federal agency that has been granted the authority to enforce and interpret Title IX.
Office for Civil Rights
Per this case, it is unlikely that Congress would have allowed the single instance test in light of the inevitability of student misconduct.
Davis v. Monroe County Board of Ed.
These facts do not support a finding of substantial control
1) the event was not sponsored by the school district
2) Occurred off-campus and outside school hours
2) There was no supervised transportation
These cases says you must investigate and also take steps to protect the victim.
1) Vance v. Spencer Cty. Public Sch. Dist.
Prof Donohue lived in this California city
What is San Francisco
These facts support a showing that Nathan's conduct was severe and pervasive.
These facts support claim that there was no adverse effect on academic performance
1) only two days off from school
2) no evidence that her grades were affected
3) remained a member of the tennis club
True or False: Insurance policies are a factor that courts should consider when determining whether Title IX liability attaches
False
63 Fed. Reg. 12034-01
This is the regulation from the OCR that provides guidance for schools once it receives notice of a complaint of harassment.
If you don't know the answer to a question at oral argument you can do one of these three things
1) Answer a different question
2) Politely state that you don't have the information with you at present but you are happy to provide it to the Court at a later date
3) MAKE IT UP!!!