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Title IX Case Study

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I. PLAINTIFF FAILS TO ESTABLISH A PRIMA FACIE TTILE IX CAUSE OF ACTION.

In order to successfully maintain a claim for relief under 20 U.S.C. § 1681, commonly known and referred to as ‘Title IX, Plaintiff must show that (1) Plaintiff was subjected to harassment based on sex; (2) the sexual harassment was so severe, pervasive, and objectively offensive that it could be said to deprive the plaintiff of access to the educational opportunities or benefits provided by the school; (3) the funding recipient had actual knowledge of the sexual harassment; and (4) the funding recipient was deliberately indifferent to the harassment.
Plaintiff’s allegations are insufficient to state a cause of action because (1) Plaintiff does not allege that she was subjected to harassment on the basis of her sex; and (2) she does not allege that the harassment was so severe, pervasive, and objectively offensive that it deprived her of access to the opportunities and benefits provided by the University.
[Pursuant] to Title IX, [20 U.S.C.A. § 1681], the acts of …show more content…
However, Plaintiff fails to allege any plausible facts allowing the reasonable inference that the school was deliberately indifferent. Like the defendant in Chivers, the University has policies in place to address alleged harassment. The University’s EEOO investigated Plaintiff’s complaints and found them to be unsubstantiated. Nonetheless, Plaintiff pleads no facts showing what occurred in the University’s EEOO investigation and how it was unreasonable. Plaintiff merely states that the University was unreasonable “by failing to find that Ms. Sotomayor stalked Ms. Bruhilda in violation of Title IX.” Plaintiff rests her allegations on precisely the sort of threadbare recitals of the elements of a cause of action, supported by mere conclusory statements that do not suffice under the Federal Rules of Civil

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