Texas A&M Student Suspended for Sex Assault Didn’t Show Bias

Aug. 9, 2022, 8:18 PM UTC

A former Texas A&M University student who was suspended for sexual assault failed to show the university discriminated against him in its disciplinary proceeding on the basis of sex, the Fifth Circuit ruled Tuesday.

Harmonizing two frameworks for analyzing Title IX challenges to university proceedings, the US Court of Appeals for the Fifth Circuit said the test is whether the alleged facts, if true, raise a plausible inference that the school discriminated against the plaintiff on the basis of sex.

The court rejected plaintiff Austin Van Overdam’s argument that gender bias was shown by the university’s “inconsistent” findings that he ...

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