Ninth Circuit Rules University Not Liable Under Title IX for Football Player’s Off-Campus Assault

February 1, 2022 | JD Supra

On January 25, the Ninth Circuit Court of Appeals affirmed a district court order in Brown v. State of Arizona et al., granting the University of Arizona summary judgment to dismiss Title IX claims asserted against the university by a plaintiff female student. The plaintiff claimed the university was liable where a football player assaulted her in an off-campus apartment. Even though the university allegedly had notice of the football player’s prior misconduct against two other women, the Ninth Circuit found that there was no evidence in the record to support a finding that the university exercised substantial control of the football player’s conduct toward the plaintiff at a private, off-campus apartment. Read more…

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