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Education Law,
9th U.S. Circuit Court of Appeals

Jan. 31, 2020

UC Berkeley may be liable under Title IX for “deliberate indifference” to sexual misconduct

An attitude of "deliberate indifference" toward sexual misconduct claims at UC Berkeley might have contributed to assaults alleged by three former students, a 9th U.S. Circuit Court of Appeals panel held Thursday.

An attitude of "deliberate indifference" toward sexual misconduct claims at UC Berkeley might have contributed to assaults alleged by three former students, a 9th U.S. Circuit Court of Appeals panel held Thursday.

The unanimous opinion answers in the affirmative a question of first impression for the circuit, namely whether a school's lax handling of assault claims could create Title IX liability for subsequent misconduct.

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