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Civil Rights Litigation Clearinghouse
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Case Name Equal Rights Advocates v. United States Department of Education ED-CA-0027
Docket / Court 3:18-cv-00535 ( N.D. Cal. )
State/Territory California
Case Type(s) Education
Attorney Organization National Center for Youth Law
Case Summary
On January 25, 2018, SurvJustice, Equal Rights Advocates, and Victim Rights Law Center filed this lawsuit in the United States District Court for the Northern District of California. These three nonprofit organizations sued the U.S. Department of Education under Title IX of the Education Amendments ... read more >
On January 25, 2018, SurvJustice, Equal Rights Advocates, and Victim Rights Law Center filed this lawsuit in the United States District Court for the Northern District of California. These three nonprofit organizations sued the U.S. Department of Education under Title IX of the Education Amendments of 1972, the Administrative Procedure Act (APA), and 42 U.S.C. § 1983. Represented by Democracy Forward, the National Center for Youth Law, and the National Women’s Law Center, the plaintiffs sought declaratory and injunctive relief, as well as attorneys’ fees.

Specifically, the complaint alleged that the Department of Education’s decision to rescinded sexual violence guidance documents issued in 2011 and 2014 created educational access disparities on the basis of sex and hampered the plaintiffs' ability to do their jobs. The complaint argued that the new policy violated the Equal Protection Clause of the Fifth Amendment. It further argued that the decision had been made without the proper procedures, in violation of the APA.

On February 21, 2018, the plaintiffs amended their complaint, including several new factual allegations regarding accusations of sexual assault against top government officials and adverse changes to universities’ policies as a result of the Title IX guidance.

On May 2, 2018, the defendant filed a motion to dismiss for lack of jurisdiction, arguing that the plaintiffs lacked standing to sue and that the plaintiffs failed to plead that the Department of Justice had a discriminatory purpose. As of July 2018, this motion is still pending.

The case is ongoing.

Rebecca Strauss - 07/30/2018


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Equal Protection
Discrimination-basis
Sex discrimination
General
Assault/abuse by residents/inmates/students
Funding
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Defendant(s) United States of America
Plaintiff Description Three nonprofit organizations that advocate for survivors of sexual assault and gender-based discrimination.
Indexed Lawyer Organizations National Center for Youth Law
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Additional Resources
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  Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance
http://www2.ed.gov/about/offices/list/ocr/index.html
Date: Sep. 17, 2008
By: United States Department of Education—Office of Civil Rights (U.S. Department of Justice)
[ Detail ] [ External Link ]

Docket(s)
3:18−cv−00535−JSC (N.D. Cal.)
ED-CA-0027-9000.pdf | Detail
Date: 05/31/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive Relief [ECF# 1]
ED-CA-0027-0001.pdf | Detail
Date: 01/25/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Injunctive Relief [ECF# 23]
ED-CA-0027-0002.pdf | Detail
Date: 02/21/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Corley, Jacqueline Scott (N.D. Cal.) [Magistrate]
ED-CA-0027-9000
Plaintiff's Lawyers Abrokwa, Alice (District of Columbia)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Brodsky, Alexandra (District of Columbia)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Chandy, Sunu P. (New York)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Chaudhry, Neena K. (District of Columbia)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Guzman, Javier M (District of Columbia)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Jones, Karianne M. (District of Columbia)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Martin, Emily J. (New York)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Perryman, Skye L. (District of Columbia)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Reisch, Jennifer Abby (California)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Thurston, Robin Frances (District of Columbia)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Welch, Leecia (California)
ED-CA-0027-0001 | ED-CA-0027-0002 | ED-CA-0027-9000
Defendant's Lawyers Myers, Steven Andrew (District of Columbia)
ED-CA-0027-9000
Takemoto, Benjamin Thomas (District of Columbia)
ED-CA-0027-9000

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