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2022 Title IX Alert 1 (2022)

handle is hein.hackboth/ttlixa2022 and id is 1 raw text is: Spring 2022 TITLE IX ALERT Key Holding Centers Around Number of Times Student-Athletes Are 'Counted' By Brian G. Nuedling, of Jackson Lewis P.C. hether financial aid has been fairly allocated to men's and women's sports must be measured using data that counts the student-athletes only once. That was the holding of the United States District Court for the Eastern District of California in a case alleging a financial aid imbalance at Fresno State University. FACTUAL BACKGROUND In Anders v. California State University,1 plaintiffs filed a putative class action in 2021, alleging an effective accommoda- tion claim, an equal treatment claim, and a financial aid claim under Title IX of the Education Amendments of 1972 (Title 1 No. 1:21-cv-00179-AWI-BAM, 2021 U.S. Dist. LEXIS 209890 (E.D. Cal. Oct.29, 2021). IX).2 The dispute originated in October 2020, after the school announced that it would stop sponsoring women's lacrosse, men's wrestling, and men's tennis, to take effect in the 2021-22 academic year. The plaintiffs were members of the women's lacrosse team. After plaintiffs filed a first amended complaint, the California State University 2 The plaintiffs also brought a motion for a preliminary injunction, seeking to bar Fresno State from eliminating women's lacrosse and requiring the school to treat women's lacrosse to the same degree as other varsity team while this action was pending. The trial court did not bar the elimination of women's lacrosse but did order Fresno State to give women's lacrosse equal treatment through the conclusion of the 2020-21 season. See HOLDING on Page 7 Department of Education Takes First Step To Release of Proposed Amendments to Title IX Regulations 2 Allegations Concerning a Pattern of Abusive Conduct Are Enough to Survive a Motion to Dismiss 3 U-M Will Create New Team to Protect Community from Sexual Misconduct 5 Eighth Circuit Reverses District Court and Its Finding that University Violated Title IX 6 CSU Takes Action to Strengthen Title IX Procedures and Reform Retreat Rights 7 Title IX Sex Discrimination & Negligence Lawsuit Against Fargo Public School District & the Board of Education Partially Dismissed By Emily J. Houghton, PhD rian and Jennifer Berg filed a law- suit as individuals and on behalf of their daughter Regan against the Fargo Public School District (FPSD) and the Board of Education in the City of Fargo in 2021. They argued that Regan faced sex discrimination, deliberate indifference under Title IX, the FPSD Handbook and negligence from FPSD following an alleged sexual assault by a male student off-campus. BACKGROUND The Bergs allege Regan, a high school gymnast, faced sex discrimination from FPSD. Regan was suspended for six weeks (because alcohol was present at the house) after reporting the incident to FPSD. In comparison, John Doe 1 (the alleged assailant) was not initially suspended. In addition, the Bergs argued that FPSD failed to investigate the case in a timely manner and failed to respond to their inquiries about the school district's investigation into the incident (Baumgarten, 2021). The Bergs filed the initial complaint on April 16, 2021. On April 27, 2021, the Bergs filed an amended complaint in federal district court against Fargo Public School District and the Board of Education in the City of Fargo bringing claims on behalf of the parents and Regan, for: 1) sex discrimina- See DISCRIMINATION Page 9