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Austin Van Overdam v. Texas A&M University, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-20185 · judgment August 9, 2022


Certiorari denied · May 15, 2023
Pre-decision estimate: 9% cert probability (95% interval 6%–14%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

Questions presented

This case presents two circuit splits: one involving a public university’s obligation to balance the due process rights of a student accused of sexual assault, including the right to attorney-led cross-examination of the complainant and other witnesses, with the rights of the complainant, including protecting the complainant from a generalized fear of potential trauma in a university disciplinary proceeding; and another regarding the proper pleading standard applicable to Title IX claims of sex bias in disciplinary proceedings. The questions are —

  1. Does constitutional due process require that students accused of sexual assault be permitted the opportunity for attorney-led cross-examination of their accusers during public university disciplinary proceedings?

  2. Is the pleading standard for a statutory claim under Title IX, 20 U.S.C. § 1681, simply whether the facts in the complaint, taken as true, plausibly support an inference that the university discriminated against a student on the basis of sex, or must the student plead additional facts to satisfy a doctrinal test, demonstrate that sex bias is the “most plausible” inference that may be drawn from the pleaded facts, and rebut any “obvious alternative explanations” for the challenged conduct? (i)

Counsel of record

For petitioner
Gaines F. West II
West, Webb, Allbritton & Gentry, P.C.

For respondent
Judd Edward Stone II
Texas Attorney General's Office

Case

Subject area
Civil Rights (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Order
Order list, May 15, 2023 · Certiorari denied

Proceedings

  1. May 15 2023
    Petition DENIED.
  2. May 10 2023
    Brief amicus curiae of Stop Abusive and Violent Environments filed.
  3. Apr 19 2023
    DISTRIBUTED for Conference of 5/11/2023.
  4. Apr 17 2023
    Waiver of right of respondent Texas A&M University, et al. to respond filed.
  5. Apr 12 2023
    Petition for a writ of certiorari filed. (Response due May 15, 2023)