One of the most interesting and important procedural questions to arise from the spate of Title IX challenges brought by students disciplined for sexual misconduct relates to the pleading standard that courts should use to evaluate their sex discrimina…
When a university is sued by a student who has been disciplined for sexual misconduct, it will typically file a motion to dismiss, arguing that the allegations in the plaintiff’s complaint — even if true — are not legally sufficient to sustain a clai…