A divided panel of the U.S. Court of Appeals for the Sixth Circuit reinstated a Title IX retaliation lawsuit against the University of Kentucky, finding the district court erroneously held that the plaintiff had to be a current student at the time of a fourth disciplinary hearing in order to proceed.
Sixth Circuit Judge Rachel Bloomekatz wrote the 2-1 majority opinion, which reversed the U.S. District Court for the Eastern District of Kentucky’s ruling granting summary judgment in favor of the university, which held that ”‘none of the retaliatory items cited in the complaint’ could be considered ‘school-related actions’” because the plaintiff, Jane Doe, was no longer enrolled at a community college during which the alleged retaliatory actions occurred. Doe claimed the retaliatory actions stemmed from a fourth student conduct hearing—nearly three years after the alleged sexual assault, following three rulings in her favor, and when she was no longer enrolled.
