Court Rules All Plaintiffs in Title IX Case Can Sue SDSU for Retaliation

In the case’s second key ruling in the past month, a federal judge held that all of the female student-athletes who filed the precedent-setting Title IX sex discrimination class action against San Diego State University can sue the school for retaliating against them for asserting their rights.

On April 12, 2023, the court held that five Plaintiffs could sue for retaliation and twelve could not. Yesterday, October 10, 2023, it amended that order and held that all seventeen Plaintiffs could do so – and could seek both damages against SDSU for its past retaliation and a court order barring the school from retaliating in the future.

“Our justice system depends on the simple point that litigants cannot intimidate or scare away potential witnesses,” said Bailey Glasser partner Joshua Hammack in Washington, D.C., who took the lead in briefing and arguing the issues. “SDSU tried to do exactly that, and the Court agreed all Plaintiffs deserve their day in court on the resulting retaliation claim.”

The Bailey Glasser team is composed of Title IX team leader Arthur Bryant and partners Joshua Hammack, Lori Bullock, and Cary Joshi, along with co-counsel Amber Eck and Jenna Rangel of Haeggquist & Eck, LLP, and David S. Casey, Jr., and Gayle Blatt of Casey Gerry in San Diego.

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