Much of the Title IX litigation brought by students accused of sexual misconduct occurs at the post-secondary level, but a male student recently sued his former high school after being expelled.
The plaintiff was a student at an all-boys private high school in Nebraska. According to the Eighth Circuit’s opinion, school staff overhead the plaintiff in a conversation with his friend. The plaintiff claimed he told his friend “that he would not have sex” with a particular teacher, but the staff believed he said he would have sex with the teacher.
The school initiated an investigation. The plaintiff alleged the Dean of Students said he considered the plaintiff “guilty” and “repeatedly demanded” the plaintiff admit he said he would have sex with the teacher. The plaintiff claimed he ultimately gave “a false confession” in response to the “pressure” and was expelled.