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Authors

Bailey Hankins

Publication Date

5-2023

Document Type

Casenote

Abstract

One of the crowning achievements of a young adult’s life is graduating college. As enrollment in higher educational institutions has become more accessible, the number of enrolled students has increased. In 2020, 40% of young adults were enrolled in college, which amounted to approximately 17,500,000 college students in the United States. Accompanied by these massive student populations, universities are put under pressure to ensure the health and safety of those enrolled young adults. One of the major issues placing pressure on universities is sexual assault. ...

The United States Court of Appeals for the Eleventh Circuit, in deciding Doe v. Samford University, addressed the question: what is the proper test to apply when a student, accused of sexual assault, claims the university’s disciplinary panel used bias based on the student’s sex to come to a decision? Moving away from prior applied tests, the court, taking the framework from a plurality of the courts that have decided the question, affirmed the lower court’s judgment, and adopted a novel test to determine whether a university’s disciplinary action was in violation of Title IX.

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