Austin v. University of Oregon, No. 17-35559 (9th Cir. 2019)
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The Ninth Circuit affirmed the district court's dismissal of a complaint brought by three male student athletes, alleging that the University discriminated against them on the basis of their sex in violation of Title IX and violated their due process rights in connection with the University's sexual misconduct proceedings.
The panel held that Federal Rule of Civil Procedure 8(a), not the evidentiary presumption set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), provides the appropriate standard for reviewing, at the pleading stage, a motion to dismiss in a Title IX case. In this case, plaintiffs failed to provide sufficient, nonconclusory allegations plausibly linking the disciplinary action to discrimination on the basis of sex. The panel also held that plaintiffs' due process claims failed because they received constitutional due process through the University's disciplinary proceedings. The panel assumed, without deciding, that the student athletes have property and liberty interests in their education, scholarships, and reputation as alleged in the complaint. The panel nonetheless held that they received notice and a meaningful opportunity to be heard.
Court Description: Civil Rights. The panel affirmed the district court’s dismissal of a complaint brought by three male student athletes against the University of Oregon alleging the University discriminated against them on the basis of their sex in violation of Title IX and violated their due process rights in connection with the University’s sexual misconduct proceedings. Following the Supreme Court’s guidance in Swierkiewicz v. Sorema N.A., 534 U.S. 506 (2002), the panel held that Federal Rule of Civil Procedure 8(a), not the evidentiary presumption set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), provides the appropriate standard for reviewing, at the pleading stage, a motion to dismiss in a Title IX case. The panel affirmed the district court’s dismissal of the Third Amended Complaint because, putting aside mere conclusory allegations, the complaint failed to make any claims of discrimination on the basis of sex cognizable under Title IX. The panel rejected plaintiffs’ three theories under Title IX: selective enforcement, erroneous outcome, and deliberate indifference. The panel determined that plaintiffs failed to sufficiently allege that the decision to discipline them was grounded in gender bias or that the administration or outcome of the disciplinary proceedings were flawed due to the student athletes’ sex. The panel further determined
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