Keeping Up with the Courts: 20-Minutes-to…Trained

A Web-Based Sexual Misconduct Training Series.

Description:

This 20-Minutes-to…Trained video module focuses on the federal court system and its impact on Title IX. ATIXA experts Kim and Dan dive into the differences between federal law and state law, in addition to case law and federal regulation. This is a terrific opportunity to understand how the structure of the courts system impacts obligations under Title IX. Additionally, Kim and Dan discuss Title IX trends and ways to do your own research so you can stay updated on your Title IX responsibilities.

Preview Clip:

Transcript:

Kimberly Pacelli, M.Ed., J.D. (Partner, TNG): Circuit court opinions are important for Title IX practitioners to keep track of the ones that apply in our specific jurisdiction. Few cases get appealed beyond that to the US Supreme Court, and often, those circuit courts end up being the last stop for Title IX litigation. We also know that one circuit court will often look at another circuit court when it’s deciding a substantially similar question of law. They have an important, persuasive influence on the legal doctrine of Title IX.

Dan Fotoples, J.D., M.A.(Director, Content Development, TNG): We talked about the binding influence of other cases in its circuit. Still, this idea of the persuasive influence can’t be understated because the next level is the US Supreme Court, and they only hear 1% of the cases that get sent to them on appeal. The vast majority of these cases will not go past the US Circuit Court of Appeals level. So, it’s critical to understand that when a circuit court decides an issue, that may be all you get. The Supreme Court, hypothetically, could accept it, but there seems to be no rhyme or reason as to the cases that they accept sometimes. Even if there’s a huge disagreement on an issue, it’s not guaranteed to be resolved by the US Supreme Court.