Does the conflict in fact among the Circuits involving Title IX discrimination in college and university disciplinary decisions present important federal questions of law that the U.S. Supreme Court should consider?

QUESTIONS PRESENTED 1. Does the conflict in fact among the Circuits involving, on the one hand, Doe v. Purdue, 928 F.3d 652 (7th Cir. 2019) (Barrett, J.), Doe v. University of Sciences, 961 F.3d 203 (3d Cir. 2020), Doe v. Oberlin, 963 F.3d 580 (6th Cir. 2020), Doe v. Univ. of 974 F.3d 858 (8th Cir. 2020), and Schwake v. Arizona Bd. of Regents, 967 F.3d 949 (9th Cir. 2020), and, on the other hand, Doe v. University of Denver, 952 F.3d 1182 (10th Cir. 2020). and Rossley Jr. v. Drake, 979 F.3d 1184 (8th Cir. 2020), regarding the cause of action for Title IX discrimination in college and university disciplinary decisions present important federal questions of law that the U.S. Supreme Court should consider? 2. Does the dismissal on summary judgment of a disability discrimination claim involving failure to provide reasonable accommodations under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12182(a), brought by a plaintiff university student with disabilities, present important federal questions of law the U.S. Supreme Court should consider when the dismissal is on the ground that the disabled student failed to request accommodations in a university disciplinary proceeding when: (a) the university was on constructive notice of the disabilities due to the provision of accommodations in the academic context, (b) the university has no formal mechanism for requesting accommodations in the disciplinary context, and (c) the student’s father, who was also a Trustee at the university ii and who had submitted FERPA papers to the university, made a request to the university’s Dean who headed the university’s Office of Disability Services that the student be accommodated in an upcoming disciplinary hearing? PARTIES Thomas Rossley Jr. (“Thomas”) was a Drake University senior student when he was expelled on April 8, 2016, about one month short of his graduation. He has ADHD, anxiety and language-based disabilities. Thomas was a member of the Theta Chi fraternity. (JA1443-1444, 1447-1448, 1454, 1476, 1492-1493, 1797, 2312-23138, 2331, 2540-2562.) Drake University (“Drake”) is a private university located in Des Moines, Iowa, governed by its Board of Trustees and a recipient of federal funding. Jerry Parker was the acting Dean of Students in the fall of 2015 and the Associate Dean of Students in the spring of 2016, was the Dean’s designee with respect to Jane Doe’s complaint, and was the head of Drake’s Office of Disability Services. Kathryn Overberg was Drake’s Title IX Coordinator. Mary Sirna as lead investigator teamed with Tricia McKinney to investigate Jane Doe’s complaint. Jerry Foxhoven was Drake’s Hearing Officer in Thomas’ case. (JA320, 1657-1659, 1696, 1672, 1858, 1862, 1965-1966, 2628.)