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Abigail Ross v. University of Tulsa

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-5053 · judgment June 20, 2017


Certiorari denied · March 5, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

A) Are school personnel that are responsible for both receiving and investigating reports of campus sexual assault for a school’s Title IX proceedings considered “appropriate persons” for the purpose of actual notice under Gebser et al. v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998)? B) Does a interpretation that only those school employees that have complete and final authority to take corrective action constitute “appropriate persons” violate this Court’s reasoning in Gebser? C) Did this Court in Gebser intend to restrict the definition of “appropriate persons” to only those with final disciplinary authority, there by permitting a school to use “gatekeepers” to receive and investigate reports of sexual violence while avoiding putting the school on “actual notice” under Title IX.

Counsel of record

For petitioner
John Christopher Clune
Hutchinson Black and Cook, LLC

For respondent
John David Lackey
Paul & Lackey, P.C.

Case

Conference history
Distributed for 1 conference

Linked docket
17A482

Proceedings

  1. Mar 05 2018
    Petition DENIED.
  2. Feb 14 2018
    DISTRIBUTED for Conference of 3/2/2018.
  3. Feb 07 2018
    Waiver of right of respondent University of Tulsa to respond filed.
  4. Jan 04 2018
    Petition for a writ of certiorari filed. (Response due February 7, 2018)
  5. Nov 02 2017
    Application (17A482) granted by Justice Sotomayor extending the time to file until January 4, 2018.
  6. Oct 23 2017
    Application (17A482) to extend the time to file a petition for a writ of certiorari from November 5, 2017 to January 4, 2018, submitted to Justice Sotomayor.