Court Rules Professor Can Sue for Bias Under Title IX

A Cornell University professor can sue the school for gender discrimination after initially being denied the right.

The New York-based 2nd U.S. Circuit Court of Appeals ruled the former assistant professor of physics can sue in an opinion that noted a “disturbing trend” of threats to due process for university faculty accused of misconduct.

The June 2, 2022 ruling stated, “We hold that Title IX allows a private right of action for a university’s intentional gender-based discrimination against a faculty member, and that Vengalattore’s Title IX claim should not have been dismissed on the ground that he complained of such discrimination with respect to employment.”

Our attorneys at Parisi, Coan & Saccocio, PLLC focus solely on Title IX, having tremendous experience in similar cases. If you are faculty or staff at a university and believe you are denied your due process, schedule a consultation. Your career could be at stake.

Background on Cornell Professor’s Title IX Case

Mukund Vengalattore claims that he was denied tenure, disciplined, and turned down for academic appointments at other universities after an unfair proceeding based on the claims of a disgruntled graduate student.

The female student worked with him on an experiment in his lab beginning in the spring of 2009. While the school began the professor’s tenure review, the student sent a letter to the tenure review committee describing volatile behavior and sexual misconduct by Vengalattore. She said they had been romantically involved.

A five-month investigation concluded that he and the student had an inappropriate sexual relationship in violation of school policy. Vengalattore asserts that he was not in a sexual relationship with the student while also serving as her graduate adviser.

The assistant professor was suspended for two weeks without pay. One year later, his academic appointment ended.

His original lawsuit was filed in 2018 with the U.S. District Court for the Northern District of New York (NDNY). The counts in the lawsuit included the following:

  • Violation of Title IX by Cornell University
  • Violation of Title VI by Cornell University
  • Violation of Due Process by Cornell University
  • Defamation by Cornell University
  • Multiple Counts of Violating the Administrative Procedure Act by the U.S. Department of Education

Vengalattore said he was not allowed to see the accusations against him nor challenge any evidence collected by the college. He was also denied the opportunity to provide evidence of his innocence, confront his accuser, or defend himself at a hearing.

All counts were dismissed by NDNY in 2020.

Title IX Claims Reinstated, Others Dismissed

The circuit court said that judge incorrectly determined that Title IX of the Education Amendments of 1972 does not authorize a private right of action for discrimination in employment. This latest opinion says that the professor’s allegations met the standards for showing Title IX gender bias because the university favored the female accuser.

The court vacated and remanded for further proceedings on the Title IX claim. The court also vacated the dismissal related to his state-law claim of defamation.

U.S. Circuit Judge Amalya Lyle Kearse identified several ways the Cornell process failed Vengalattore:

  • He was given only a one-day notice to respond.
  • Cornell imposed no burden of proof on his accuser.
  • The university rejected his requests to interview certain favorable witnesses.

In a concurring opinion, U.S. Circuit Judge Jose Cabranes wrote, "The day is surely coming – and none too soon – when the Supreme Court will be able to assess the various university procedures that undermine the freedom and fairness of the academy in favor of the politics of grievance."

While many employment discrimination lawsuits against colleges and universities are brought under Title VII of the Civil Rights Act of 1964, claims can be brought sooner under Title IX. The law does not cap damages.

However, the circuit court did affirm the dismissal of Title VI and due process claims against Cornell as well as the dismissal of all claims against Education Secretary Betsy DeVos and the U.S. Department of Education.

Standing Up for Your Rights in Title IX Matters

Our firm fights for clients’ rights under Title IX. Faculty and staff should not be subjected to unfair treatment based on their gender. They also should not endure retaliation for complaining about unequal treatment.

If you are being investigated for Title IX violations, you need legal counsel to advocate for you throughout the process. Our role is to fight for your rights and combat false accusations.

Need help defending yourself in a Title IX complaint. Call (737) 200-2332 to learn how we can help.