Three key cases (Title IX Dear Colleague of 2011, Title IX bathroom/locker room use, Accreditation) remain pending in federal court. A brief status update follows–
Title IX Dear Colleague of 2011. John Doe and Oklahoma Wesleyan University v. U. S. Department of Education, et al., Civil Action No. 1:16-cv-01158-RC. Filed in federal court in the District of Columbia, the plaintiffs challenge, among other things, the April 4, 2011 Office for Civil Rights Title IX Dear Colleague Letter (preponderance of the evidence standard) as a violation of the Administrative Procedure Act. In September 2016 the United States filed a Motion to Dismiss; in November 2016 plaintiffs filed a Motion for Summary Judgment. The most recent action occurred in March 2017 when the United States filed a Notice of Supplemental Legal Authorities. The parties await a decision.
Title IX and Bathroom/Locker Room Use. G.G. v. Gloucester County School Board, No. 15-2056. This case deals with the intersection between a school district’s policy governing bathroom use and Title IX. Earlier this year, the Supreme Court sent this case back to the U.S. Court of Appeals for the Fourth Circuit for additional briefing in light of the withdrawal of the Office for Civil Rights questionable transgender guidance issued in May 2016. The parties filed opening briefs in the Fourth Circuit in early May 2017 with Reply briefs due June 2, 2017. Several organizations have filed amicus briefs.
Accreditation. Accrediting Council for Independent Colleges & Schools (ACICS) v. U.S. Department of Education, Civil Action No. 1:16-cv-02448. In this DC federal court case, ACICS challenges the Department’s termination of ACICS’s status as a “recognized” accreditor. Both parties have filed Motions for Summary Judgment and await action by the court.