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Case Name Know Your IX v. Devos ED-MD-0004
Docket / Court 1:20-cv-01224-RDB ( D. Md. )
State/Territory Maryland
Case Type(s) Education
Special Collection Title IX, Sexual Violence Investigations/Resolutions
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Case Summary
On May 14, 2020, a group of public interest organizations focused on helping student-victims of sexual assault and harassment, filed this lawsuit in the United States District Court for the District of Maryland, against Secretary of Education Betsy Devos, in her official capacity, and the ... read more >
On May 14, 2020, a group of public interest organizations focused on helping student-victims of sexual assault and harassment, filed this lawsuit in the United States District Court for the District of Maryland, against Secretary of Education Betsy Devos, in her official capacity, and the Department of Education (ED). The plaintiffs, represented by the ACLU and private counsel, alleged that regulations issued by ED "sharply limit educational institutions' obligations to respond to reports of sexual harassment and assault" and therefore contravened Title IX of the Education Amendmentsof 1972. The plaintiffs sought declaratory and injunctive relief and alleged that ED's rule making process violated the Administrative Procedure Act. Judge Richard D. Bennett was assigned the case.

The complaint argued that ED's regulations ran counter to both the spirit and intent of Title IV by narrowing the definition of sexual harassment, directing university officials to ignore Title IV reports of off-campus conduct, and holding schools accountable only when they were "deliberately indifferent" to sexual assault and harassment. These policies, the plaintiffs contended, created a higher standard for race- or national origin-based discrimination and a lower one for sex-based discrimination. As a result, the plaintiffs alleged that ED's rulemaking process violated the Administrative Procedure Act because it was "arbitrary and capricious" for failing to adequately consider important aspects of sexual harassment and assault problems.

The case is ongoing.

Graham Rotenberg - 06/14/2020


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Issues and Causes of Action
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Issues
Discrimination-basis
Sex discrimination
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Defendant(s) Department of Education
Plaintiff Description Public interest organizations dedicated to advocating for and helping victims of sexual assault and harassment
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
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
Filed 05/14/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
1:20-cv-01224-RDB (D. Md.)
ED-MD-0004-9000.pdf | Detail
Date: 06/04/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1 ( & 1-1 to 1-6)]
ED-MD-0004-0001.pdf | Detail
Date: 05/14/2020
Source: PACER [Public Access to Court Electronic Records]
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Judges Bennett, Richard D. (D. Md.) show/hide docs
ED-MD-0004-9000
Plaintiff's Lawyers Calvo-Friedman, Jennesa (New York) show/hide docs
ED-MD-0004-0001 | ED-MD-0004-9000
Curley, Seamus (District of Columbia) show/hide docs
ED-MD-0004-0001 | ED-MD-0004-9000
Ledwell, Hilary (New York) show/hide docs
ED-MD-0004-0001 | ED-MD-0004-9000
Lewkowicz, Daniel (New York) show/hide docs
ED-MD-0004-0001 | ED-MD-0004-9000
Mar, Ria Tabacco (New York) show/hide docs
ED-MD-0004-0001 | ED-MD-0004-9000
Ojserkis, Rebecca A (New York) show/hide docs
ED-MD-0004-0001 | ED-MD-0004-9000
Park, Sandra S. (New York) show/hide docs
ED-MD-0004-0001 | ED-MD-0004-9000
Samant, Anjana (New York) show/hide docs
ED-MD-0004-0001 | ED-MD-0004-9000
Sohn, Joshua Samuel (New York) show/hide docs
ED-MD-0004-0001 | ED-MD-0004-9000

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