Ninth Circuit Ruling on Title IX Puts Institutional Policies Under Scrutiny

Inside Higher Education reports that a three-judge appeals panel on the U.S. Court of Appeals for the Ninth Circuit found, "An institution can be held liable for 'pre-assault' claims, which allege that its policies for enforcing Title IX are inadequate, create an environment of “heightened risk” of sexual misconduct and lead a complainant to be harassed or assaulted." The ruling was made based on a case that took place at the University of California -- Berkeley. However, "the opinion could open other colleges and universities in the California system and elsewhere in the states covered by the Ninth Circuit -- Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon and Washington -- to lawsuits that challenge the effectiveness of their Title IX policies."