THIS CASEBOOK contains a selection of 113 U. S. Court of Appeals decisions that analyze, discuss and apply provisions of Title IX. The selection of decisions spans from 2002 to the date of publication.
GG ex rel. Grimm v. Gloucester County School Board addresses the question whether Title IX requires schools to provide transgender students access to restrooms congruent with their gender identity. 822 F. 3d 709 (4th Circuit 2016). A transgender boy seeks to use the boys' restrooms at his high school. The district court dismisses the plaintiff's Title IX claim and denies his request for a preliminary injunction.
The district court evaluated plaintiff's proffered evidence against a stricter evidentiary standard than is warranted by the nature and purpose of preliminary injunction proceedings—to prevent irreparable harm before a full trial on the merits. Because the district court used the wrong evidentiary standard in assessing plaintiff's motion for a preliminary injunction, its denial is vacated and remanded for consideration under the correct standard. GG ex rel. Grimm v. Gloucester County School Bd., 822 F. 3d 709 (4th Circuit 2016).
Title IX provides: "[n]o person ... shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." 20 U.S.C. § 1681(a). The Department of Education's (the Department) regulations implementing Title IX permit the provision of "separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities for students of the other sex." 34 C.F.R. § 106.33. In an opinion letter dated January 7, 2015, the Department's Office for Civil Rights (OCR) interpreted how this regulation should apply to transgender individuals: "When a school elects to separate or treat students differently on the basis of sex ... a school generally must treat transgender students consistent with their gender identity." GG ex rel. Grimm v. Gloucester County School Bd., ibid.
To allege a violation of Title IX, the plaintiff must allege (1) that he was excluded from participation in an education program because of his sex; (2) that the educational institution was receiving federal financial assistance at the time of his exclusion; and (3) that the improper discrimination caused the plaintiff harm. See Preston v. Virginia ex rel. New River Cmty. Coll., 31 F.3d 203, 206 (4th Cir.1994) (citing Cannon v. Univ. of Chi., 441 U.S. 677, 680, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979)). [Footnote omitted.] GG ex rel. Grimm v. Gloucester County School Bd., ibid.
GG ex rel. Grimm v. Gloucester County School Board addresses the question whether Title IX requires schools to provide transgender students access to restrooms congruent with their gender identity. 822 F. 3d 709 (4th Circuit 2016). A transgender boy seeks to use the boys' restrooms at his high school. The district court dismisses the plaintiff's Title IX claim and denies his request for a preliminary injunction.
The district court evaluated plaintiff's proffered evidence against a stricter evidentiary standard than is warranted by the nature and purpose of preliminary injunction proceedings—to prevent irreparable harm before a full trial on the merits. Because the district court used the wrong evidentiary standard in assessing plaintiff's motion for a preliminary injunction, its denial is vacated and remanded for consideration under the correct standard. GG ex rel. Grimm v. Gloucester County School Bd., 822 F. 3d 709 (4th Circuit 2016).
Title IX provides: "[n]o person ... shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." 20 U.S.C. § 1681(a). The Department of Education's (the Department) regulations implementing Title IX permit the provision of "separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities for students of the other sex." 34 C.F.R. § 106.33. In an opinion letter dated January 7, 2015, the Department's Office for Civil Rights (OCR) interpreted how this regulation should apply to transgender individuals: "When a school elects to separate or treat students differently on the basis of sex ... a school generally must treat transgender students consistent with their gender identity." GG ex rel. Grimm v. Gloucester County School Bd., ibid.
To allege a violation of Title IX, the plaintiff must allege (1) that he was excluded from participation in an education program because of his sex; (2) that the educational institution was receiving federal financial assistance at the time of his exclusion; and (3) that the improper discrimination caused the plaintiff harm. See Preston v. Virginia ex rel. New River Cmty. Coll., 31 F.3d 203, 206 (4th Cir.1994) (citing Cannon v. Univ. of Chi., 441 U.S. 677, 680, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979)). [Footnote omitted.] GG ex rel. Grimm v. Gloucester County School Bd., ibid.
