Case: Know Your IX v. Devos

1:20-cv-01224 | U.S. District Court for the District of Maryland

Filed Date: May 14, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 14, 2020, a group of public interest organizations focused on helping student-victims of sexual assault and harassment, filed this lawsuit in the United States District Court for the District of Maryland, against Secretary of Education Betsy Devos, in her official capacity, and the Department of Education (ED). The plaintiffs, represented by the ACLU and private counsel, alleged that regulations issued by ED "sharply limit educational institutions' obligations to respond to reports of se…

On May 14, 2020, a group of public interest organizations focused on helping student-victims of sexual assault and harassment, filed this lawsuit in the United States District Court for the District of Maryland, against Secretary of Education Betsy Devos, in her official capacity, and the Department of Education (ED). The plaintiffs, represented by the ACLU and private counsel, alleged that regulations issued by ED "sharply limit educational institutions' obligations to respond to reports of sexual harassment and assault" and therefore contravened Title IX of the Education Amendmentsof 1972. The plaintiffs sought declaratory and injunctive relief and alleged that ED's rule making process violated the Administrative Procedure Act. Judge Richard D. Bennett was assigned the case.

The complaint argued that ED's regulations ran counter to both the spirit and intent of Title IV by narrowing the definition of sexual harassment, directing university officials to ignore Title IV reports of off-campus conduct, and holding schools accountable only when they were "deliberately indifferent" to sexual assault and harassment. These policies, the plaintiffs contended, created a higher standard for race- or national origin-based discrimination and a lower one for sex-based discrimination. As a result, the plaintiffs alleged that ED's rulemaking process violated the Administrative Procedure Act because it was "arbitrary and capricious" for failing to adequately consider important aspects of sexual harassment and assault problems.

The case is ongoing.

Summary Authors

Graham Rotenberg (6/14/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17165109/parties/know-your-ix-v-devos/


Judge(s)

Bennett, Richard D. (Maryland)

Attorneys(s) for Plaintiff

Calvo-Friedman, Jennesa (New York)

Curley, Seamus (District of Columbia)

Ledwell, Hilary (New York)

Lewkowicz, Daniel (New York)

Mar, Ria Tabacco (New York)

Ojserkis, Rebecca A (New York)

Park, Sandra S. (New York)

Samant, Anjana (New York)

Sohn, Joshua Samuel (New York)

Judge(s)

Bennett, Richard D. (Maryland)

Attorneys(s) for Plaintiff

Calvo-Friedman, Jennesa (New York)

Curley, Seamus (District of Columbia)

Ledwell, Hilary (New York)

Lewkowicz, Daniel (New York)

Mar, Ria Tabacco (New York)

Ojserkis, Rebecca A (New York)

Park, Sandra S. (New York)

Samant, Anjana (New York)

Sohn, Joshua Samuel (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

June 4, 2020 Docket
1 ( & 1-1 to 1-6)

Complaint for Declaratory and Injunctive Relief

May 14, 2020 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17165109/know-your-ix-v-devos/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Elisabeth D. Devos, Kenneth L. Marcus, United States Department of Education ( Filing fee $ 400 receipt number 0416-8652297.), filed by Know Your IX, Council of Parent Attorneys and Advocates, Inc., Stop Sexual Assault in Schools, Girls for Gender Equity. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - Elisabeth D. Devos, # 3 Summons - Kenneth L. Marcus, # 4 Summons - U.S. Department of Education, # 5 Summons - William Barr, # 6 Summons - Robert K. Hur)(Curley, Seamus) (Entered: 05/14/2020)

1 Civil Cover Sheet

View on PACER

2 Summons - Elisabeth D. Devos

View on PACER

3 Summons - Kenneth L. Marcus

View on PACER

4 Summons - U.S. Department of Education

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5 Summons - William Barr

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6 Summons - Robert K. Hur

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May 14, 2020 RECAP
2

MOTION to Appear Pro Hac Vice for Joshua Sohn (Filing fee $100, receipt number 0416-8652791.) by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools(Curley, Seamus) (Entered: 05/14/2020)

May 14, 2020 PACER
3

MOTION to Appear Pro Hac Vice for Jennesa Calvo-Friedman (Filing fee $100, receipt number 0416-8653399.) by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools(Curley, Seamus) (Entered: 05/15/2020)

May 15, 2020 PACER
4

MOTION to Appear Pro Hac Vice for Daniel Lewkowicz (Filing fee $100, receipt number 0416-8653409.) by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools(Curley, Seamus) (Entered: 05/15/2020)

May 15, 2020 PACER
5

MOTION to Appear Pro Hac Vice for Anjana Samant (Filing fee $100, receipt number 0416-8653416.) by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools(Curley, Seamus) (Entered: 05/15/2020)

May 15, 2020 PACER
6

MOTION to Appear Pro Hac Vice for Sandra Park (Filing fee $100, receipt number 0416-8653426.) by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools(Curley, Seamus) (Entered: 05/15/2020)

May 15, 2020 PACER
7

MOTION to Appear Pro Hac Vice for Ria Tabacco Mar (Filing fee $100, receipt number 0416-8653436.) by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools(Curley, Seamus) (Entered: 05/15/2020)

May 15, 2020 PACER
8

MOTION to Appear Pro Hac Vice for Rebecca Ojserkis (Filing fee $100, receipt number 0416-8653448.) by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools(Curley, Seamus) (Entered: 05/15/2020)

May 15, 2020 PACER
9

MOTION to Appear Pro Hac Vice for Hilary Ledwell (Filing fee $100, receipt number 0416-8653455.) by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools(Curley, Seamus) (Entered: 05/15/2020)

May 15, 2020 PACER
10

PAPERLESS ORDER granting 2 Motion to Appear Pro Hac Vice on behalf of Joshua Sohn. Directing attorney Joshua Sohn to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/15/2020. (srds, Deputy Clerk) (Entered: 05/15/2020)

May 15, 2020 PACER
11

PAPERLESS ORDER granting 3 Motion to Appear Pro Hac Vice on behalf of Jennesa Calvo Friedman. Directing attorney Jennesa Calvo Friedman to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/15/2020. (srds, Deputy Clerk) (Entered: 05/15/2020)

May 15, 2020 PACER
12

PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Daniel Lewkowicz. Directing attorney Daniel Lewkowicz to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/15/2020. (srds, Deputy Clerk) (Entered: 05/15/2020)

May 15, 2020 PACER
13

PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Anjana Samant. Directing attorney Anjana Samant to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/15/2020. (srds, Deputy Clerk) (Entered: 05/15/2020)

May 15, 2020 PACER
14

PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Sandra S Park. Directing attorney Sandra S Park to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/15/2020. (srds, Deputy Clerk) (Entered: 05/15/2020)

May 15, 2020 PACER
15

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Ria Tabacco Mar. Directing attorney Ria Tabacco Mar to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/15/2020. (srds, Deputy Clerk) (Entered: 05/15/2020)

May 15, 2020 PACER
16

PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice on behalf of Rebecca Ojserkis. Directing attorney Rebecca Ojserkis to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/15/2020. (srds, Deputy Clerk) (Entered: 05/15/2020)

May 15, 2020 PACER
17

PAPERLESS ORDER granting 9 Motion to Appear Pro Hac Vice on behalf of Hilary Ledwell. Directing attorney Hilary Ledwell to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/15/2020. (srds, Deputy Clerk) (Entered: 05/15/2020)

May 15, 2020 PACER
18

Summons Issued 60 days as to Elisabeth D. Devos, Kenneth L. Marcus, United States Department of Education, U.S. Attorney and U.S. Attorney General (ols, Deputy Clerk) (Entered: 05/15/2020)

May 15, 2020 PACER
19

SUMMONS Returned Executed by Know Your IX, Council of Parent Attorneys and Advocates, Inc., Stop Sexual Assault in Schools, Girls for Gender Equity. Elisabeth D. Devos served on 6/1/2020, answer due 7/31/2020; Kenneth L. Marcus served on 6/1/2020, answer due 7/31/2020; United States Department of Education served on 6/1/2020, answer due 7/31/2020.(Curley, Seamus) (Entered: 06/04/2020)

June 4, 2020 RECAP
20

MOTION to Intervene by Foundation for Individual Rights in Education, Independent Women's Law Center, Speech First, Inc. (Attachments: # 1 Memorandum in Support, # 2 Proposed Answer)(Consovoy, William) (Entered: 06/24/2020)

1 Memorandum in Support

View on RECAP

2 Proposed Answer

View on RECAP

June 24, 2020 RECAP
21

MOTION to Appear Pro Hac Vice for Alexa R. Baltes (Filing fee $100, receipt number 0416-8731428.) by Independent Women's Law Center, Speech First, Inc.(Consovoy, William) (Entered: 06/30/2020)

June 30, 2020 PACER
22

Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Intervene /Consent Motion for an Extension of Time up to and including July 22, 2020 for Plaintiffs to file their Opposition to Proposed Intervenor-Defendants' Motion to Intervene by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools (Attachments: # 1 Text of Proposed Order)(Lewkowicz, Daniel) (Entered: 07/02/2020)

1 Text of Proposed Order

View on PACER

July 2, 2020 PACER
23

ORDER granting 22 Plaintiffs' Motion for Extension of Time to File Their Opposition Memorandum in Response to Proposed Intervenor-Defendants' Motion to Intervene. Signed by Judge Richard D. Bennett on 7/6/2020. (ols, Deputy Clerk) (Entered: 07/06/2020)

July 6, 2020 PACER
24

QC NOTICE: 21 Motion to Appear Pro Hac Vice filed by Independent Women's Law Center, Speech First, Inc. needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 07/06/2020)

July 6, 2020 PACER
25

RESPONSE to Motion re 20 MOTION to Intervene filed by Elisabeth D. Devos, Kenneth L. Marcus, United States Department of Education.(Takemoto, Benjamin) (Entered: 07/06/2020)

July 6, 2020 PACER
26

NOTICE of Appearance by Benjamin Thomas Takemoto on behalf of All Defendants (Takemoto, Benjamin) (Entered: 07/07/2020)

July 7, 2020 PACER
27

CORRECTED MOTION to Appear Pro Hac Vice for Alexa R. Baltes by Independent Women's Law Center, Speech First, Inc.. The fee has already been paid.(Consovoy, William) (Entered: 07/07/2020)

July 7, 2020 PACER
28

PAPERLESS ORDER granting 27 Corrected Motion to Appear Pro Hac Vice on behalf of Alexa Baltes. Directing attorney Alexa Baltes to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 7/10/2020. (srds, Deputy Clerk) (Entered: 07/10/2020)

July 10, 2020 PACER
29

NOTICE of Appearance by Cameron T. Norris on behalf of Independent Women's Law Center, Speech First, Inc. (Norris, Cameron) (Entered: 07/20/2020)

July 20, 2020 PACER
30

NOTICE of Appearance by Steven Andrew Myers on behalf of Elisabeth D. Devos, Kenneth L. Marcus, United States Department of Education (Myers, Steven) (Entered: 07/20/2020)

July 20, 2020 PACER
31

RESPONSE in Opposition re 20 MOTION to Intervene /Plaintiffs' Memorandum Of Law In Opposition To Foundation For Individual Rights In Education, Speech First, Inc., And Independent Womens Law Centers Motion To Intervene As Defendants filed by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools.(Sohn, Joshua) (Entered: 07/21/2020)

July 21, 2020 RECAP
32

NOTICE of Appearance by Stuart J Robinson on behalf of Elisabeth D. Devos, Kenneth L. Marcus, United States Department of Education (Robinson, Stuart) (Entered: 07/23/2020)

July 23, 2020 PACER
33

Supplemental to 31 Response in Opposition to Motion, filed by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools (Notice of Supplemental Authority) (Sohn, Joshua) (Entered: 07/30/2020)

July 30, 2020 PACER
34

MOTION to Dismiss by Elisabeth D. Devos, Kenneth L. Marcus, United States Department of Education (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Robinson, Stuart) (Entered: 07/31/2020)

1 Memorandum in Support

View on RECAP

2 Text of Proposed Order

View on PACER

July 31, 2020 PACER
35

REPLY to Response to Motion re 20 MOTION to Intervene filed by Foundation for Individual Rights in Education, Independent Women's Law Center, Speech First, Inc..(Consovoy, William) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
36

Joint MOTION for Extension of Time to File Response/Reply as to 34 MOTION to Dismiss /Joint Motion for an extension of time to August 24, 2020 for Plaintiff to file their Opposition to Defendants' Motion to Dismiss and an extension of time to September 11, 2020 for Defendants' to file their Reply to their Motion to Dismiss by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools (Attachments: # 1 Text of Proposed Order)(Sohn, Joshua) (Entered: 08/11/2020)

1 Text of Proposed Order

View on PACER

Aug. 11, 2020 PACER
37

ORDER granting 36 Joint Motion for an Extension of Time. Signed by Judge Richard D. Bennett on 8/11/2020. (ols, Deputy Clerk) (Entered: 08/11/2020)

Aug. 11, 2020 PACER
38

RESPONSE in Opposition re 34 MOTION to Dismiss filed by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Ojserkis, Rebecca) (Entered: 08/24/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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Aug. 24, 2020 RECAP
39

REPLY to Response to Motion re 34 MOTION to Dismiss filed by Elisabeth D. Devos, Kenneth L. Marcus, United States Department of Education.(Myers, Steven) (Entered: 09/11/2020)

Sept. 11, 2020 RECAP
41

Corrected MOTION to Withdraw as Attorney by Council of Parent Attorneys and Advocates, Inc., Girls for Gender Equity, Know Your IX, Stop Sexual Assault in Schools(Park, Sandra) (Entered: 10/05/2020)

Oct. 5, 2020 PACER
42

ORDER granting 41 Motion to Withdraw as Attorney. Attorney Hilary Ledwell and Rebecca A Ojserkis terminated. Signed by Judge Richard D. Bennett on 10/5/2020. (ols, Deputy Clerk) (Entered: 10/05/2020)

Oct. 5, 2020 PACER
43

MEMORANDUM OPINION. Signed by Judge Richard D. Bennett on 10/20/2020. (ols, Deputy Clerk)

Oct. 20, 2020 RECAP
44

ORDER granting 34 Defendants' Motion to Dismiss. Specifically, Plaintiffs' Complaint is dismissed without prejudice; denying as moot 20 Intervenor Defendants' Motion to Intervene; Directing that the Clerk shall close this case. Signed by Judge Richard D. Bennett on 10/20/2020. (ols, Deputy Clerk) (Entered: 10/20/2020)

Oct. 20, 2020 RECAP

State / Territory: Maryland

Case Type(s):

Education

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Key Dates

Filing Date: May 14, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Public interest organizations dedicated to advocating for and helping victims of sexual assault and harassment

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Education (Washington D.C. ), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Discrimination-basis:

Sex discrimination

Type of Facility:

Government-run