Enacted by Congress in 1972, Title IX provides that individuals cannot be subjected to discrimination on the basis of sex at any school or university that receives any federal funds. The United States Supreme Court has made clear that, under Title IX, students may seek money damages from schools that have been deliberately indifferent to risks of sexual assault or harassment by teachers, staff or fellow students. Title IX claims can arise if the sexual assault or harassment occurred off campus if there is a sufficient connection to an educational program or activity.
More recently, the Supreme Court held that Title IX also permits individuals to assert claims for retaliation against them for exercising their rights protected by Title IX.
Bill Johnston has successfully represented clients in Title IX actions. He teamed up with lawyers from the Boulder, Colorado firm of Hutcheson, Black and Cook in connection with a claim involving Baylor University in 2015.