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Kayleen Egan Examines the Continuing Violations Doctrine's Application to Title IX Cases for Law360
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n the January 25, 2019 Law360 article, "Does The Continuing Violations Doctrine Apply To Title IX?" Kayleen Egan examines the U.S. District Court for the District of Delaware's recently issued report and recommendation granting a university’s motion to dismiss a Title IX claim based on the statute of limitations. Although the court ultimately declined to rule on the issue, the case raised an important question that has remained undecided in the Third Circuit — whether the continuing violations doctrine applies to Title IX claims.
Ms. Egan notes:
"It remains to be seen whether the Third Circuit will directly address whether the continuing violations doctrine applies to Title IX cases. Institutions and entities in the Third Circuit subject to Title IX should monitor developments regarding the continuing violations doctrine. If the doctrine is ever applied by an appellate court, then such institutions and entities should be aware that if one action, which can be viewed as part of the same persistent, ongoing pattern, occurred within the statute of limitations, then the entire claim will be viable."