Kollaritsch v. Michigan State University Board of Trustees - Amicus Brief

The ACLU and ACLU of Michigan joined an amicus brief in the Sixth Circuit in support of plaintiffs who were sexually assaulted while they were students at Michigan State University. Michigan State failed to conduct prompt investigations or provide the plaintiffs with any services, academic accommodations, or safety plans to allow them to continue to attend classes and activities without fear or running into their assailants. The student plaintiffs faced a range of harms given their constant fear of interacting with their assailants. The plaintiffs sought relief under Title IX, a federal civil rights statute prohibiting sex discrimination, including sexual harassment, in schools that receive federal funds. Michigan State argued it could not be held liable under Title IX because the students did not face additional harassment as a result of the university’s deliberate indifference. The amicus brief argues that schools must remedy the hostile environment created by a sexual assault under the plain language of Davis v. Monroe County Board of Educ., 526 U.S. 629 (1999) and the text and purpose of Title IX.

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