Christine M. Owen v. Liberty University, et al.
ERISA DueProcess
Whether students at private colleges and universities are entitled to the same contractual, due-process, constitutional-rights, title-ix, equal-protection, discrimination
QUESTIONS PRESENTED | Title IX is a federal civil rights law that only applies . . to colleges and universities who voluntarily choose to | seek and accept federal funding in order to attract more students, for which those institutions in turn reap significant financial benefits from those students’ | tuition and other fees. When issues of sexual harassment ° or | discrimination arise, students at public institutions are automatically afforded due process and _ other : constitutional rights and protections that students at many private institutions are barred from by conflicting court precedents in the various circuits. Some circuits in which Title IX policies and procedures are published and disseminated (as | required by federal law), regard public student : handbooks as contracts that are binding on both those students and their institutions. Some circuits, however, unwittingly interfere with Title IX laws and regulations by deeming private university students’ handbooks (the only place such universities publish | and disseminate their grievance policies) as not : binding on those universities. This raises discrimination and equal protection violations against an entire class of students in some . circuits, as well as between public versus private | institutions. | . iv The questions presented are: 1. Whether students .at private colleges and universities are entitled to the same contractual, due process and/or constitutional protections that public institution students have as a matter of right, in | regards to alleged violations of federal Title IX laws and regulations; oe . 2. Whether private universities are entitled to disparate accountability standards and requirements | than public universities, as to the institutions’ own | handling of Title IX allegations; and 3. Whether voluntary acceptance of federal funding by any institution (public or private) which institution chooses to seek and accept such funding requires that such institution must adhere to the same laws, policies, standards, and regulations regarding Title IX, including being bound by the institution’s own published grievance policies and _ procedures (regardless of where those are published).