Alexandra Brodsky Examines “Anti-Male Bias” Title IX Litigation and Proposes Policy Considerations for the Biden Administration

Alexandra Brodsky (’16), Staff Attorney at Public Justice and author of Sexual Justice, was quoted in a Jezebel article which referenced the paper she recently published in UC Davis Law Review. Alexandra discussed a rising trend in successful “anti-male bias” litigation against Title IX and advocated for increased protections from retaliation for sexual assault survivors as the Biden administration revises Title IX policy (“Men Accused of Sexual Misconduct on Campuses Are Suing Over ‘Anti-Male Bias,’ and It's Working,” Jan. 13). “As we’re seeing courts applying more generous standards — really uniquely generous standards — to lawsuits brought by students and staff accused of sexual harassment, that stands in contrast with really onerous legal standards that have been applied for students who are survivors. The result could be that schools may look at the case law and say, to minimize our liability, our best bet is to decide that no sexual harassment occurred so we can avoid a lawsuit from the accused student that could likely succeed.” Alexandra also called for more proactive measures to support student survivors. “[Survivor justice] movements have always been doing a lot of work to talk about what justice means beyond punishment. I’ve seen organizers increasingly focused on everything that schools can do to help survivors learn and thrive that have nothing, or very little, to do with punishment. It can be asking schools to offer survivors counseling, change their schedules so they don’t have to see their harasser in the hallway, or provide tutoring to help a survivor catch up in a class that they missed in the wake of their assault. Title IX is an education civil rights statute — discipline is only one of many parts to realizing that vision.”