Attorney General Paxton has joined a Utah-led cert-stage amicus brief in the U.S. Supreme Court to correct a Cincinnati-based U.S. Court of Appeals for the Sixth Circuit decision. The decision threatens educational institutions with significant unknown liability and loss of federal funding by not clarifying the full scope of their Title IX obligations.
“The Court should grant certiorari in this case to resolve the circuit conflicts, correct the Sixth Circuit’s hybrid approach, and create a single standard that applies to cases where no post-notice harassment is alleged, regardless of the harasser,” the brief states. “Clarification of the standard is critically important to the States. There are over 22,000 Title IX educational institutions serving tens of millions of students across the nation. Guidance from the Court will permit the States’ institutions to understand the scope of their obligations and potential liability.”
To read the full brief, click here.