The report and recommendation of a Pennsylvania magistrate judge held that Title IX disciplinary proceedings are “quasi-judicial” and “if abused, gives rise to an abuse of process claim”—and may result in an uptick in litigation brought against either party to a Title IX dispute.
Devin McCarthy, a former student at King’s College in Wilkes-Barre, Pennsylvania, filed a Title IX complaint against Daniel Boye. The two former students were engaged in a consensual sexual relationship until the spring of 2020, according to the report. McCarthy alleged that, the following August, Boye engaged in sexual acts with her when she was impaired by alcohol and unable to consent. Debra McCarthy, Devin’s mother, requested that the school conduct a Title IX investigation.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
