Appeals Court Reinstates Accused Male Student's Title IX Lawsuit Against University

Article here. Excerpt:

'In a significant ruling on the issue of Title IX in campus sexual assault investigations, the United States Court of Appeals for the Second Circuit today vacated a district court decision and will allow a male student's lawsuit against Columbia University to proceed. The Second Circuit clarified the standard for accused students pleading a violation of Title IX, and suggests the possibility of a Title VII framework, which would be much better for males suing schools due to alleged sexual discrimination.

The student claims Columbia University violated his due process rights and discriminated against him based on his gender in a wrongful sexual misconduct investigation that resulted in his suspension. The plaintiff is represented by attorney Andrew Miltenberg, who specializes in Campus Assault Due Process, and the appeal was argued by Philip A. Byler, of Nesenoff & Miltenberg, LLP.

"From the outset, Columbia University manipulated this investigation and engaged in gender bias against the accused, ignoring evidence and conflicting accounts presented by witnesses; motivated, in part, by public pressure," said Miltenberg. "This case illustrates the critically flawed process by which sexual misconduct investigations are handled at many colleges and universities, including Columbia, where there is an inherent bias against the accused male students, and recognizes that public criticism of Columbia University policies as not being aggressive enough towards men, provided a plausible inference of discriminatory bias against males."'