By Jasmine Kabiri Cronkite News Title IX protections prohibiting discrimination on the basis of sex also protect against harassment on the basis of a person’s perceived sexual orientation, a federal appeals court has ruled.
People are also reading… “Protecting queer and trans youth is so important given how much discrimination and how much hate they face,” said Alexandra Brodsky, a staff attorney with Public Justice. He said teammates directed homophobic slurs at him on an almost daily basis and made “multiple additional references alleging that they perceived him as gay.” That included posting an “untrue,” “harassing, homophobic, obscene video” directed at him in the the team’s public chat group.
In January 2018, his father repeated his concerns to one of the coaches and his mother reported her son’s “increasing sadness” to the team psychologist. Grabowski sued, claiming the university and the Arizona Board of Regents were deliberately indifferent to his claims of harassment in violation of Title IX and retaliated against him. A federal district court judge dismissed the suit, but the appeals court Tuesday disagreed and sent the case back for a new hearing.
Graber said that Grabowski had not proved the second element of a Title IX claim, that the harassment was “so severe that it deprived him of access to education opportunities or benefits.” But it said he could raise new allegations in that regard when his case goes back to district court.
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