CDQ Wins Partial Summary Judgment In Title IX Case

Representing the Arizona Board of Regents (“ABOR”), a CDQ team of  Dan Dowd, Betsy Lamm, Rebecca van Doren and Jenna Brownlee obtained partial summary judgment precluding the plaintiff in a Title IX gender discrimination claim from seeking damages for emotional distress and reputational harm.  The plaintiff, a former ASU student, has asserted a Title IX claim asserting gender bias in connection with the student disciplinary process, and sought to recover damages for alleged non-economic harm purportedly sustained as a result of being expelled from ASU.  Based on a recent ruling by the United States Supreme Court, the District Court agreed with ABOR that such damages were not available under statutes enacted pursuant to the Spending Clause (Article I, Section 8, Clause 1) of the United States Constitution such as Title IX.  This ruling substantially diminishes the damages the plaintiff may seek.