Litman v. George Mason University

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  • Equal Educational Opportunities
  • Joined Amicus Brief
2004

Determined the right to sue a university for expulsion in retaliation for complaining of sexual harassment under Title IX.

A college student sued under Title IX alleging that she had been expelled by the university in retaliation for her complaint of sexual harassment by one of her professors. The district court held that Title IX did not allow suits for retaliation, relying upon the Supreme Court's decision in Alexander v. Sandoval, 532 U.S. 275 (2001), that there is no private right to sue to enforce the Title VI disparate impact regulations. The Fourth Circuit reversed the district court citing the Circuit's post-Sandoval decision in Peters v. Jenney, 327 F.3d 307 (4th Cir. 2003), that Title VI confers a private right of action for retaliation, and ruling that Title IX should be interpreted in the same manner. Legal Momentum supported an amicus brief that argued for reversal of the district court decision.