A plaintiff alleging a Title IX claim against a school must sufficiently state a claim to avoid the case being dismissed. However, in the early stages of a lawsuit, a plaintiff alleging his school discriminated against him in its Title IX investigation and disciplinary proceedings may not be aware of many of the facts that could help him prove his case. The Ninth Circuit has recently held that, to survive a motion to dismiss, such a plaintiff need only allege facts that would give rise to a plausible inference that the school discriminated against him based on sex.
Because the Ninth Circuit was reviewing a motion to dismiss, it took the well-pleaded facts as true and viewed them in the light most favorable to the plaintiff. According to the opinion, the plaintiff was pursuing a doctorate. In 2014, he began dating a student, referred to as “Jane Roe.”
In February 2017, the plaintiff ended the relationship after learning Roe had not been faithful. Although Roe was no longer a student, the two planned to meet on February 13 after the plaintiff’s class to return each other’s property. Instead, she appeared at the plaintiff’s office before his class, pounding on the door. The plaintiff did not let her in. He told Roe he had to go, but she tried to block the door. He ultimately got past her, but she followed and tried to keep him from going into the classroom.