We recently wrote about the United States Court of Appeal for the Sixth Circuit’s decision in Snyder-Hill, et al. v. Ohio State Univ., Case Nos. 3981/3991 applying the discovery rule to Title IX cases and resurrecting the claims of 100s of victims of sexual assault by Richard Strauss because they could not have known that OSU harmed them because it concealed its knowledge of the abuse. In addition to this significant ruling that prevents Title IX victim’s claims from accruing when they do not know that they were harmed, the Sixth Circuit also rejected OSU’s argument that only students or employees can bring claims under Title IX against universities.            

OSU attempted to have the claims of a contract referee, a high school student attending a wrestling camp, and another high school student who was visiting campus dismissed because they were neither students nor employees of OSU. The Sixth Circuit stated that it has never limited the application of Title IX to students or employees and allowed these three individuals to pursue claims against OSU based on their allegations that Strauss sexually abused them. The Sixth Circuit pointed to the language of Title IX, which provides that “[n]o person . . . shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681(a). The Sixth Circuit held that non-students and non-employees can bring Title IX claims if they were subjected to discrimination “while participating, or at least attempting to participate, in the funding recipient’s education program or activity.” The Court further held that “education program or activity” is defined broadly and “extends to situations in which individuals are, for example, accessing university libraries or other resources, or attending campus tours, sporting events, or other activities.” We are carefully monitoring the impact of this ruling as it has potential to significantly expand administrative Title IX claims within the Sixth Circuit (Ohio, Michigan, Kentucky, and Tennessee). If you or someone you know has been accused of a Title IX violation and are facing discipline by a university, you should consult with an experienced Title IX attorney.

(Title IX is a federal education law passed in 1972 that seeks to end sex discrimination in educational programs that receive federal funding. Colleges and universities in the U.S. direct sexual harassment and sexual assault complaints into departments given the same name as this civil rights law, “Title IX.”)