Erroneous outcome and selective enforcement, compared.
Title IX is usually thought of as a complainant’s statute. It also supports claims by respondents who allege that a disciplinary outcome was driven by their sex - and two doctrinal frames have developed for those claims.
Erroneous outcome.
The theory is that the finding was factually wrong and that sex bias was a motivating factor in producing it. Courts examining these claims look first for evidence casting articulable doubt on the accuracy of the outcome - ignored exculpatory evidence, procedural failures, an investigation that never pursued obvious leads - and then for a causal link to sex. The first part is frequently established from the campus record. The second is where most claims fail.
Selective enforcement.
The theory is comparative: that the institution’s decision to pursue the matter, or the severity of the sanction imposed, was affected by the respondent’s sex. This requires comparators - a similarly situated party of another sex treated differently - which respondents rarely have access to, since other students’ disciplinary records are confidential. Where a comparator exists and is known, the claim is powerful.
Why particularity matters more than volume.
Generalised assertions about campus climate, statistics about the proportion of male respondents, or pointing to institutional pressure without connecting it to the case are routinely held insufficient. What survives dismissal is specific: a recorded statement, a training document containing a stereotype, a documented instance of asymmetric evidence-gathering, a public institutional commitment to particular outcomes. Each of those comes from the campus process, which is the practical reason to treat that process as the discovery phase of a lawsuit that may follow.
Why you should call us.
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On billing, we are transparent about our fees, and there are no surprises. Choosing a lawyer is a big deal and cost is a real issue, so we are committed to being your champion irrespective of your ability to pay. Our firm has a simple belief: lawyers should only take on clients whom they can truly help. Many firms are mills that take every case through the door. We do not.
Working with us starts with a risk-free consultation, in person or over the phone. You can ask us anything, for as long as it takes, and we encourage you to ask the tough questions. We are available 24/7, we practise coast to coast, and every client has direct access to a partner. Call 212 300 5196 - an attorney answers.
