There is currently a national focus on gender-based harassment.
College campuses are no different. Even with the changes to Title
IX guidance in the past months,1 eliminating sexual
harassment and assault on campuses remains a national priority. One
overlooked result of this focus is defamation litigation facing
higher-education institutions.
Students found to have violated university sexual harassment and
sexual misconduct policies are fighting back in the courts.
According to a 2015 study by United Educators (a large national
insurance provider for colleges and universities), approximately
60% of Title IX-related lawsuits are brought by respondents (those
accused of sexual misconduct).2 Respondents are
asserting defamation claims against the individual who accused them
as well as the university that disciplined them. The idea is that
statements made by the accuser, through the course of a campus
sexual assault investigation, are defamatory if the statements can
be
