Although the preamble to the new Title IX regulations states the regulations do not apply retroactively, a Temporary Restraining Order issued by a New York federal court recently raised questions about retroactive application. The court has recently rendered a much more detailed opinion on the issue of a preliminary injunction in the Title IX discrimination case.
According to the court’s opinion, the plaintiff had a consensual sexual relationship with a female student, identified as “Jane Roe.” She invited him to her dorm room to discuss an incident where she allegedly caught him recording her getting dressed. The plaintiff alleged he had to walk to her room because he was too drunk to drive. He continued to drink after he arrived. The two had consensual sex, and then each filed Title IX complaints against the other for the events that followed.
Roe alleged that they argued and the plaintiff put his hand around her neck and squeezed. She also alleged he engaged in sexual activity without her consent.