title ix
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Colorado justices: Witnesses cannot be sued for statements in campus sexual misconduct proceeding
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The Colorado Supreme Court walked back a decision by the state’s second-highest court, concluding on Monday that witnesses in a school sexual misconduct investigation could not be held liable for defamatory statements even if the proceedings lacked key protections for the accused student’s rights. Generally, what someone says during the course of judicial proceedings has…
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Colorado justices weigh rights of accusers, accused in campus sexual misconduct inquiries
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Members of the Colorado Supreme Court considered on Wednesday whether alleged victims of campus sexual misconduct can be sued for statements they make during a school’s investigation, especially if the inquiry lacks safeguards protecting an accused student’s rights. Generally, what someone says during the course of judicial proceedings has “absolute privilege,” meaning their statements cannot…
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Appeals court rejects student’s lawsuit against Regis University over misconduct investigation
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Colorado’s second-highest court on Thursday rejected a male student’s lawsuit against Regis University for allegedly performing a flawed investigation into the sexual misconduct complaints about him. The plaintiff, identified as J.L., was the subject of an inquiry after three female students accused him of unwelcome advances or improper touching. Following an investigation that found J.L. violated…
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10th Circuit declines to upend women’s volleyball tournament in lawsuit over trans player
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The federal appeals court based in Denver declined on Tuesday to order a Colorado Springs-based athletic organization to bar a transgender woman from participating on her college’s volleyball team and alter the record of wins and losses among schools immediately before a tournament is set to begin on Wednesday. The decision comes one day after…
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Colorado Supreme Court takes up cases on Title IX investigations, COVID campus closure
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The Colorado Supreme Court recently agreed to hear multiple cases implicating a witness’ immunity for making defamatory statements in a school sex assault investigation, whether a university can be sued for closing its campus early in the COVID-19 pandemic, and whether a man should receive a new trial for his numerous securities fraud convictions. At…
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10th Circuit reinstates dress code discrimination lawsuit against Colorado Springs charter school
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The federal appeals court based in Denver agreed on Tuesday that a boy could pursue his claims of sex-based discrimination against a Colorado Springs charter school after he was disciplined for wearing earrings under a boys-only prohibition on the accessory. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit determined a…
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10th Circuit reinstates dress code discrimination lawsuit against Colorado Springs charter school
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The federal appeals court based in Denver agreed on Tuesday that a boy could pursue his claims of sex-based discrimination against a Colorado Springs charter school after he was disciplined for wearing earrings under a boys-only prohibition on the accessory. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit determined a…
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Federal judge green-lights trial over Jeffco middle school awash in sexual harassment
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A federal judge last month agreed Jefferson County School District and two administrators will face a civil jury trial for allegedly failing to address the pervasive sexual harassment and assaults that occurred against female students at Everitt Middle School. In a Feb. 21 order, U.S. District Court Senior Judge Christine M. Arguello determined a female…
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Colorado justices open to viewing campus sexual misconduct policies as ‘contracts’
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After Colorado’s second-highest court concluded the University of Denver’s promise of a “thorough, impartial and fair” investigation into alleged sexual misconduct was sufficiently descriptive to be an enforceable contract, the school appealed, claiming accused students should not be able to sue over vague terms like “fair.” During oral arguments on Tuesday, the justices agreed with…
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Jeffco student may pursue defamation claims against sex assault accusers, appeals court rules
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A former student of Evergreen High School may proceed with his defamation claims against two of his classmates and their mothers for calling him a “predator” and an assailant to school officials, even after he had been acquitted of criminal charges related to sexual misconduct. The decision from the state’s Court of Appeals last week…
