Amicus needed by March 3rd. 6th Circuit. Title IX.

Arnold & Porter is representing Prianka Bose in her petition for rehearing en banc before the Sixth Circuit. The panel held that Ms. Bose could not bring a Title IX claim against her college for expelling her on the basis of evidence fabricated by her professor in retaliation for rejecting his romantic advances (a fact she brought to the college disciplinary boards attention before it made its decision). The National Women’s Law Center is considering filing a short amicus brief in support of the petition explaining why this is an important case that the Sixth Circuit needs to reconsider, and we are seeking pro bono counsel to represent the Center. The amicus brief would be due on March 3.

Here are a few more details: Shortly after asking Defendant Bea, her organic chemistry professor, to cease making uncomfortable personal comments to her, Ms. Bose learned that she was under investigation for cheating in Dr. Bea’s class. Evidence and testimony from Dr. Bea ultimately served as the basis for her expulsion from the school. Ms. Bose filed suit against Dr. Bea and Rhodes in 2016 and alleged that Rhodes retaliated against her in violation of Title IX when it expelled her. The Sixth Circuit recently affirmed summary judgment dismissal of that claim, concluding that Dr. Bea’s motives could not be imputed to Rhodes, despite Rhodes’s role as the ultimate decisionmaker. Our petition for rehearing will argue that this conclusion is at odds with the plain language and fundamental purpose of Title IX, basic tort principles, and the decisions of other circuit courts of appeal.