Victim Rights Law Center v. Foundation for Individual Rights in Education, No. 20-1748 (1st Cir. 2021)
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The First Circuit affirmed the judgment of the district court denying Appellants' motion to intervene in the underlying suit involving a challenge to the U.S. Department of Education's recent promulgation of a challenged regulation, holding that the district court did not abuse its discretion by denying the motion to intervene.
The regulation at issue sets the standard for actionable sexual harassment for administrative enforcement of Title IX of the Education Amendments of 1972 and provides additional procedural protections to students who have been accused of sexual harassment. Appellants - the Foundation for Individual Rights in Education, Independent Women's Law Center, and Speech First, Inc. - moved to intervene. The district court denied the motion, finding that Appellants had failed to show that the government would not adequately protect their rights. The First Circuit affirmed, holding that the district court did not abuse its discretion in denying intervention.
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