Publication Date
4-14-2022
Abstract
Title IX of the Education Amendments of 1972 (Title IX) provides students with protections from discrimination on the basis of sex in education programs, including student-on-student harassment. The Tenth Circuit Court of Appeals has recently strengthened Title IX protections for student victims of sexual assault who report their assaults to appropriate school authorities.2 In its recent decision in Doe v. School District No. 1, the Tenth Circuit made two critical clarifications to Title IX that provides students in the Tenth Circuit with greater protections from student-on-student harassment.3 This Article will first provide an overview of Title IX, the statutory language, and the development of case law from the U.S. Supreme Court and the Tenth Circuit interpreting and applying Title IX protections. In Part III, this Article will discuss the Tenth Circuit case Doe v. School District No. 1. It will begin with an overview of the factual allegations as alleged in the operative complaint. Part III will then move to discuss the legal issues raised by the school district’s motion to dismiss and Ms. Doe’s response. Next, the Part will discuss the district court’s order granting the school district’s motion to dismiss. Part III will then discuss Ms. Doe’s appeal, the arguments raised in the briefing, including the supplemental briefing ordered by the Tenth Circuit, and the Tenth Circuit’s opinion reversing the district court. The final Part of this Article will discuss Doe’s impact and how Doe strengthens the protections of Title IX for students in the Tenth Circuit.
First Page
335
Recommended Citation
Igor Raykin & Michael Nolt, Doe v. School District No. 1: Strengthening Title IX Protections in the Tenth Circuit, 99 DENV. L. REV. 335 (2022).