ERA and Title IX Advocacy Orgs File Amicus Brief in Neal v. CSU-Pueblo
A group of the nation’s top women’s right advocates have filed an amici brief in support of strong guidance on campus sexual assault by the Department of Education’s Office for Civil Rights (OCR), in a case filed by a male student accused of sexual violence at Colorado State University-Pueblo.
Equal Rights Advocates filed the brief, signed by the country’s top Title IX advocacy organizations, in the case of Neal v. CSU-Pueblo et al in U.S. District Court in Colorado yesterday. Plaintiff Grant Neal brought suit challenging not only his suspension from college, but the validity of OCR’s April 4, 2011 Dear Colleague Letter. Neal argues that the letter, which explains OCR’s view of schools’ responsibilities under Title IX and its implementing regulations with regard to sexual violence, was issued in violation of the Administrative Procedure Act because it did not go through a public notice and comment process. ERA and the co-signers of the brief contend that OCR was within its authority to issue the Dear Colleague Letter and that Neal’s Administrative Procedure Act claim should be dismissed.
While the case turns on the procedural issues, it has broad implications for the epidemic of sexual violence on campus. Read our brief.
Equal Rights Advocates
National Women’s Law Center
California Women’s Law Center
Southwest Women’s Law Center
Maryland Coalition Against Sexual Assault
Atlanta Women for Equality
Women’s Law Project
National Alliance to End Sexual Violence
The Legal Aid Society – Employment Law Center