Title IX Litigation

Enacted by Congress in 1972, Title IX provides that individuals cannot be subjected to discrimination on the basis of sex at any school or university that receives any federal funds. The United States Supreme Court has made clear that, under Title IX, students may seek money damages from schools that have been deliberately indifferent to risks of sexual assault or harassment by teachers, staff, or fellow students.  Title IX claims can arise if the sexual assault or harassment occurred off campus if there is a sufficient connection to an educational program or activity.

More recently, the Supreme Court held that Title IX also permits individuals to assert claims for retaliation against them for exercising their rights protected by Title IX.

HBC's nationally-recognized Title IX practice has been a significant catalyst for changing the way schools respond to reports of sexual assault, gender discrimination and retaliation.  Our Title IX litigation group has successfully represented numerous students and faculty in Title IX campus proceedings and civil claims at public and private universities and K-12 schools across the country.  Many of our cases have resulted in significant awards and have helped shape the landscape for Title IX compliance and best practices for numerous institutions.

In 2007, HBC handled the landmark football recruiting rape case against the University of Colorado, which resulted in a favorable opinion in the Tenth Circuit Court of Appeals, followed by a $2.5 million settlement and sweeping athletic reforms.  More recently, the firm has handled similar sexual assault cases against Arizona State University, Florida State University, the University of Oregon, and Baylor.  HBC lawyers have collectively represented sexual assault victims in Alaska, Arizona, California, Colorado, Connecticut, Florida, Ohio, Oklahoma, Oregon, Massachusetts, Missouri, Minnesota, Montana, New Jersey, North Carolina, Pennsylvania, Texas and Wisconsin.  HBC attorneys have also represented employees who have Title IX retaliation claims.

As part of HBC's ongoing efforts to end the systematic discrimination that exists in our nation's schools, HBC's Title IX team also speaks in numerous forums including at legislative hearings, meetings with state and federal policymakers, and community educational events, as well as participates in trainings for school Title IX personnel.