Following this decision, the parties agreed to jointly move the court to stay the case in light of the Biden administration’s announcement that it would be issuing a new proposed rule, and the court granted the motion. [...] Court of Appeals for the Second Circuit granted the agency’s motion to hold in case in abeyance pending a review of the issues in the case by new leadership. [...] Therefore, institutional liability is required to ensure the government is accountable in response to these extraordinarily high numbers of sexual assaults by the police and to help ensure that the government works to prevent sexual assaults by the police from occurring in the first place. [...] As such, the court reversed the dismissal of the Title IX claim and remanded to the district court to determine whether a reasonable jury could find the school’s skirt requirement to be discriminatory under Title IX. [...] In line with NWLC’s 2018 amicus brief, the Tenth Circuit reversed the district court’s decision because of the legal presumption in favor of reinstatement and the particularly low risk of “extreme hostility” between the parties here.
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- Published in
- United States of America
