Case: The Women's Student Union v. U.S. Dep't of Education

3:21-cv-01626 | U.S. District Court for the Northern District of California

Filed Date: March 8, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about the Trump Administration's amended Title IX regulations that reduced federal protections for students experiencing sexual harassment in public schools. On March 8, 2021, The Women’s Student Union (the Student Union)—a student organization at Berkeley High School—filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued the U.S. Department of Education under the Administrative Procedure Act (APA). Represented by the National Center for Youth Law and Public Justice, the plaintiff sought an injunction against, and vacatur of, the amended regulations. The plaintiff additionally sought declaratory relief and attorneys' fees. The case was assigned to Judge Edward M. Chen.

In 2020, the U.S. Department of Education issued the amended regulations governing sexual assault under Title IX. The amended regulations varied from the previous regulations in several ways, including by restricting the definition of unlawful sexual harassment to conduct that is both severe and pervasive, excluding Title IX coverage for harassment occurring off campus, requiring school action only if the school has actual knowledge of the harassment, and holding a school liable only if it remains deliberately indifferent to the harassment.

In February 2021, the plaintiff had filed an administrative complaint against Berkeley Unified School District with the Department of Education’s Office for Civil Rights. The complaint alleged violations including unwelcome exposure to others’ genitalia, students’ circulation of sexualized images of a classmate, harassment occurring in Zoom breakout rooms, harassing messages sent through personal phones during class, and the presence of an informal club dedicated to sexually harassing students. In the lawsuit, the plaintiff asserted that the amended regulations would prohibit the Office for Civil Rights from opening the administrative complaint and investigating the alleged harassment, because that harassment no longer violated Title IX. The plaintiff argued the amended regulations therefore denied the Student Union its procedural right to have its administrative complaint investigated and frustrated the Student Union’s mission of reducing sexual harassment experienced by Berkeley High School students. The Department of Education had not yet opened the administrative complaint at the time the lawsuit was filed.

Texas filed a motion to intervene as a defendant on April 7, 2021, arguing that it needed to protect its interests as an education provider, and the plaintiff and defendant filed responses in opposition to the motion. Additionally, on May 24, 2021, the Foundation for Individual Rights in Education, Independent Women’s Law Center, and Speech First, Inc., filed a motion to intervene as defendants to allegedly protect their interests in safeguarding free speech and due process rights, and the plaintiff and defendant filed responses in opposition as well.

The defendant then sought to stay the case for sixty days while, under President Biden’s Executive Order, the Secretary of Education reviewed the amended regulations and considered whether they should be suspended, revised, or rescinded. Judge Chen denied the motion to stay on June 18, 2021, because the Department of Education would be unlikely to complete the review within sixty days and was not obligated to suspend, revise, or rescind the amended regulations at all.

On July 1, 2021, the Department of Education filed a motion to dismiss the case for lack of jurisdiction. Judge Chen granted the motion to dismiss with leave to amend, because the plaintiff failed to show it suffered injury because of the amended regulations. The court rejected the plaintiff's associational and organizational standing theories. 2021 WL 3932000. As a result, the plaintiff filed a motion to amend the complaint on September 10, 2021, and Judge Chen granted the motion.

Accordingly, the plaintiff filed an amended complaint on October 4, 2021, stating that although the Office for Civil Rights resolved 90% of claims within 180 days of receipt, the Office did not open the plaintiff's administrative complaint until 220 days after receipt. The plaintiff argued that this behavior supported the allegation that the Office for Civil Rights would not open the complaint, thus depriving the plaintiff of its procedural right to have its complaint opened and investigated. In addition to procedural injuries, the plaintiff asserted that the amended regulations reduced the number of sexual harassment incidents the high school investigated, injuring the plaintiff's members by creating a hostile school environment.

The case is ongoing.

Summary Authors

Laura Irei (9/29/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59711985/parties/the-womens-student-union-v-us-department-of-education/

Judge(s)

Attorney for Plaintiff

Brodsky, Alexandra (District of Columbia)

Attorney for Defendant

Andrapalliyal, Vinita (California)

Expert/Monitor/Master/Other

Barnes, Brian W (District of Columbia)

Benbrook, Bradley A. (California)

Brown, William Brown Jr. (California)

Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Brodsky, Alexandra (District of Columbia)

Galanter, Seth Michael (District of Columbia)

He, John (California)

Jones, Karianne Melissa (California)

Khouri, Lauren A. (District of Columbia)

Kimmel, Adele P. (District of Columbia)

Lewis, John T (California)

Spiegel, Adrienne (California)

Attorney for Defendant

Andrapalliyal, Vinita (California)

Cooper, Charles J. (California)

Correia, Linda M (District of Columbia)

Jr, William James (California)

Takemoto, Benjamin Thomas (District of Columbia)

Weir, Bryan Kipp (California)

Other

Barnes, Brian W (District of Columbia)

Benbrook, Bradley A. (California)

Brown, William Brown Jr. (California)

Consovoy, William (Virginia)

Hunker, Kathleen (Texas)

Johnson, Michael Kenneth (California)

Norris, Cameron T. (Virginia)

Sweeten, Patrick Kinney (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:21-cv-01626	Docket [PACER] The Women's Student Union v. U.S. Department of Education	Oct. 4, 2021	Oct. 4, 2021 Docket
1 3:21-cv-01626	Complaint for Injunctive and Declaratory Relief The Women's Student Union v. U.S. Department of Education	March 8, 2021	March 8, 2021 Complaint
75 3:21-cv-01626	Order Granting Defendant's Motion to Dismiss The Women's Student Union v. U.S. Department of Education	Sept. 2, 2021	Sept. 2, 2021 Order/Opinion 2021 WL 3932000
78 3:21-cv-01626	First Amended Complaint for Injunctive and Declaratory Relief Administrative Procedure Act Case The Women's Student Union v. U.S. Department of Education	Oct. 4, 2021	Oct. 4, 2021 Complaint

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
The Women's Student Union vs. U.S. Department of Education	This is a lawsuit brought under the Administrative Procedure Act to challenge key provisions of the Title IX regulations promulgated in 2020 by the U.S. Department of Education under the leadership o…	Sept. 26, 2021	Sept. 26, 2021 https://www.publicjustice.net/...
Women's Student Union v. U.S. Department of Education National Center for Youth Law	The Women’s Student Union (WSU) at Berkeley High School in Berkeley, California filed a legal challenge to Trump-era Department of Education regulations that put students nationwide in greater danger…	Aug. 5, 2021	Aug. 5, 2021 https://youthlaw.org/...
Fighting For The First Amendment Online James Harrow	We opened our virtual doors just a few weeks ago, and we already have our first lawsuit. It’s called Hecker v. Krepp, and it’s part of our attempt to strengthen the First Amendment as it applies to o…	March 29, 2021	March 29, 2021 https://gerstein-harrow.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59711985/the-womens-student-union-v-us-department-of-education/

Last updated April 9, 2026, 5:20 a.m.

ECF Number	Date	Description	Link
1	March 8, 2021	COMPLAINT for Injunctive and Declaratory Relief against U.S. Department of Education ( Filing fee $ 402, receipt number 0971-15667033.). Filed byThe Women's Student Union. (Attachments: # 1 Civil Cover Sheet)(Kimmel, Adele) (Filed on 3/8/2021) (Entered: 03/08/2021) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	March 8, 2021	Proposed Summons. (Kimmel, Adele) (Filed on 3/8/2021) (Entered: 03/08/2021)	RECAP
3	March 8, 2021	Proposed Summons. (Kimmel, Adele) (Filed on 3/8/2021) (Entered: 03/08/2021)	RECAP
4	March 8, 2021	Proposed Summons. (Kimmel, Adele) (Filed on 3/8/2021) (Entered: 03/08/2021)	RECAP
5	March 8, 2021	Case assigned to Judge Edward M. Chen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (haS, COURT STAFF) (Filed on 3/8/2021) (Entered: 03/08/2021)	RECAP
6	March 8, 2021	Certificate of Interested Entities by The Women's Student Union (Kimmel, Adele) (Filed on 3/8/2021) (Entered: 03/08/2021)	RECAP
	March 8, 2021	~Util - Case Assigned by Intake
7	March 9, 2021	Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 6/3/2021. Initial Case Management Conference set for 6/10/2021 09:30 AM in San Francisco, Courtroom 05, 17th Floor. (Attachments: # 1 Notice of Eligibility for Video Recording)(fabS, COURT STAFF) (Filed on 3/9/2021) (Entered: 03/09/2021) 1 Notice of Eligibility for Video Recording View on PACER	RECAP
8	March 9, 2021	Summons Issued as to U.S. Department of Education, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons)(fabS, COURT STAFF) (Filed on 3/9/2021) (Entered: 03/09/2021)	RECAP
9	March 11, 2021	NOTICE of Appearance by Adrienne Spiegel (Spiegel, Adrienne) (Filed on 3/11/2021) (Entered: 03/11/2021)	RECAP
10	March 11, 2021	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15686990.) filed by The Women's Student Union. (Attachments: # 1 Exhibit Certificate of Good Standing)(Galanter, Seth) (Filed on 3/11/2021) (Entered: 03/11/2021) 1 Exhibit Certificate of Good Standing View on PACER	RECAP
11	March 11, 2021	ORDER by Judge Edward M. Chen granting 10 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 3/11/2021) (Entered: 03/11/2021)	RECAP
12	March 15, 2021	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15698643.) filed by The Women's Student Union. (Brodsky, Alexandra) (Filed on 3/15/2021) (Entered: 03/15/2021)	RECAP
13	March 17, 2021	Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15698643.) Filing fee previously paid on 03/15/2021 filed by The Women's Student Union. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Brodsky, Alexandra) (Filed on 3/17/2021) (Entered: 03/17/2021)	RECAP
14	March 17, 2021	MOTION for leave to appear in Pro Hac Vice for Lauren A. Khouri ( Filing fee $ 317, receipt number 0971-15713995.) filed by The Women's Student Union. (Attachments: # 1 Khouri Certificate of Good Standing)(Khouri, Lauren) (Filed on 3/17/2021) (Entered: 03/17/2021)	RECAP
15	March 17, 2021	MOTION for leave to appear in Pro Hac Vice for Linda M. Correia ( Filing fee $ 317, receipt number 0971-15714072.) filed by The Women's Student Union. (Attachments: # 1 Correia Certificate of Good Standing)(Correia, Linda) (Filed on 3/17/2021) (Entered: 03/17/2021)	RECAP
16	March 18, 2021	ORDER by Judge Edward M. Chen granting 13 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)	RECAP
17	March 18, 2021	ORDER by Judge Edward M. Chen granting 14 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)	RECAP
18	March 18, 2021	ORDER by Judge Edward M. Chen granting 15 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)	RECAP
19	April 7, 2021	MOTION to Intervene as Defendant filed by State of Texas. Motion Hearing set for 5/20/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 4/21/2021. Replies due by 4/28/2021. (Attachments: # 1 Memorandum of Points and Authorities in Support, # 2 Proposed Order)(Johnson, Michael) (Filed on 4/7/2021) (Entered: 04/07/2021) 1 Memorandum of Points and Authorities in Support View on RECAP 2 Proposed Order View on PACER	RECAP
20	April 7, 2021	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15809736.) filed by State of Texas. (Johnson, Michael) (Filed on 4/7/2021) (Entered: 04/07/2021)	RECAP
21	April 9, 2021	ORDER by Judge Edward M. Chen granting 20 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 4/9/2021) (Entered: 04/09/2021)	RECAP
22	April 12, 2021	Proposed Summons. (Khouri, Lauren) (Filed on 4/12/2021) (Entered: 04/12/2021)	RECAP
23	April 13, 2021	Summons Issued as to USA. (fabS, COURT STAFF) (Filed on 4/13/2021) (Entered: 04/13/2021)	RECAP
24	April 19, 2021	STIPULATION WITH PROPOSED ORDER re 19 MOTION to Intervene as Defendant to Extend Time to Respond filed by U.S. Department of Education. (Attachments: # 1 Declaration Takemoto)(Takemoto, Benjamin) (Filed on 4/19/2021) (Entered: 04/19/2021) 1 Declaration Takemoto View on PACER	RECAP
25	April 20, 2021	Order as Modified by Judge Edward M. Chen granting 24 Stipulated Request for an Order Extending Time to Respond to Texass Motion to Intervene. Opposition due 5/6/2021; reply due 5/13/2021. Motion hearing rescheduled from 5/20/2021 to 6/10/2021 at 1:30PM. Time of Initial Case Management Conference set for 6/10/2021 01:30 PM in San Francisco, - Videoconference Only.(afmS, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)	RECAP
26	April 20, 2021	CLERK'S NOTICE RESCHEDULING 19 MOTION TO INTERVENE FOR 6/10/2021 AND TIME OF INITIAL CASE MANAGEMENT CONFERENCE TO 1:30PM:Motion hearing re 19 MOTION to Intervene as Defendant and Initial Case Management Conference set for 6/10/2021 01:30 PM in San Francisco, - Videoconference Only. Responses due by 5/6/2021. Replies due by 5/13/2021. Motion Hearing set for 6/10/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGen eral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Initial Case Management Conference set for 6/10/2021 01:30 PM in San Francisco, - V ideoconference Only. Responses due by 5/6/2021. Replies due by 5/13/2021. Motion Hearing set for 6/10/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)	RECAP
	April 20, 2021	~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings
	April 20, 2021	~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice
	April 20, 2021	~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice
27	May 6, 2021	OPPOSITION/RESPONSE (re 19 MOTION to Intervene as Defendant ) filed byThe Women's Student Union. (Khouri, Lauren) (Filed on 5/6/2021) (Entered: 05/06/2021)	RECAP
28	May 6, 2021	OPPOSITION/RESPONSE (re 19 MOTION to Intervene as Defendant ) filed byU.S. Department of Education. (Takemoto, Benjamin) (Filed on 5/6/2021) (Entered: 05/06/2021)	RECAP
29	May 13, 2021	REPLY (re 19 MOTION to Intervene as Defendant ) filed byKEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS. (Johnson, Michael) (Filed on 5/13/2021) (Entered: 05/13/2021)	RECAP
30	May 14, 2021	STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byThe Women's Student Union. (Attachments: # 1 Exhibit)(Related document(s) 27 ) (Khouri, Lauren) (Filed on 5/14/2021) (Entered: 05/14/2021) 1 Exhibit View on RECAP	RECAP
31	May 18, 2021	OPPOSITION/RESPONSE (re 19 MOTION to Intervene as Defendant ) filed byKEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS. (Johnson, Michael) (Filed on 5/18/2021) (Entered: 05/18/2021)	RECAP
32	May 19, 2021	NOTICE of Appearance by John C He (He, John) (Filed on 5/19/2021) (Entered: 05/19/2021)	RECAP
33	May 20, 2021	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Takemoto, Benjamin) (Filed on 5/20/2021) (Entered: 05/20/2021)	RECAP
34	May 20, 2021	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Galanter, Seth) (Filed on 5/20/2021) (Entered: 05/20/2021)	RECAP
35	May 24, 2021	MOTION to Intervene filed by Foundation for Individual Rights in Education, Independent Women's Law Center, Speech First, Inc.. Motion Hearing set for 7/1/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 6/7/2021. Replies due by 6/14/2021. (Attachments: # 1 Memorandum of of Points and Authorities in Support of Intervenor-Defendants Motion to Intervene as Defendants, # 2 [Proposed] Intervenor-Defendants Answer, # 3 Proposed Order)(Benbrook, Bradley) (Filed on 5/24/2021) (Entered: 05/24/2021) 1 Memorandum of of Points and Authorities in Support of Intervenor-Defendants Mot View on PACER 2 [Proposed] Intervenor-Defendants Answer View on RECAP 3 Proposed Order View on PACER	RECAP
36	May 26, 2021	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16015182.) filed by KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS. (Attachments: # 1 Certificate of Good Standing)(Johnson, Michael) (Filed on 5/26/2021) (Entered: 05/26/2021)	RECAP
37	June 1, 2021	MOTION for leave to appear in Pro Hac Vice by Cameron T. Norris ( Filing fee $ 317, receipt number 0971-16028837.) filed by Independent Women's Law Center, Speech First, Inc.. (Benbrook, Bradley) (Filed on 6/1/2021) (Entered: 06/01/2021)	RECAP
38	June 1, 2021	MOTION for leave to appear in Pro Hac Vice by William S. Consovoy ( Filing fee $ 317, receipt number 0971-16029062.) filed by Independent Women's Law Center, Speech First, Inc.. (Benbrook, Bradley) (Filed on 6/1/2021) (Entered: 06/01/2021)	RECAP
39	June 2, 2021	Order by Judge Edward M. Chen granting 36 Motion for Pro Hac Vice by Patrick Sweeten. (tmiS, COURT STAFF) (Filed on 6/2/2021) (Entered: 06/02/2021)	RECAP
40	June 2, 2021	Order by Judge Edward M. Chen granting 37 Motion for Pro Hac Vice by Cameron T. Norris. (bxs, COURT STAFF) (Filed on 6/2/2021) (Entered: 06/02/2021)	RECAP
41	June 2, 2021	Order by Judge Edward M. Chen granting 38 Motion for Pro Hac Vice for William Consovoy. (bxs, COURT STAFF) (Filed on 6/2/2021) (Entered: 06/02/2021)	RECAP
42	June 3, 2021	CLERK'S NOTICE RESCHEDULING MOTIONS HEARING AND INITIAL CASE MANAGEMENT CONFERENCE TO 7/1/2021 AT 1:30PM: Hearing re 19 MOTION to Intervene as Defendant, 35 MOTION to Intervene is rescheduled to 7/1/2021 at 1:30PM. Motion briefing deadlines remain unchanged. Joint Case Management Statement due by 6/24/2021. Initial Case Management Conference set for 7/1/2021 01:30 PM in San Francisco, - Videoconference Only. Motion Hearing set for 7/1/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Joint Case Management Statement due by 6/24/2021. Initial Case Management Conference set for 7/1/2021 01:30 PM in San Francisco, - Videoconference Only. Motion Hearing set for 7/1/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 6/3/2021) (Entered: 06/03/2021)	RECAP
	June 3, 2021	~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings
	June 3, 2021	~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice
	June 3, 2021	~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice
43	June 4, 2021	STIPULATION WITH PROPOSED ORDER re 35 MOTION to Intervene Joint Request for Extension of Time for Parties' Responses filed by The Women's Student Union. (Attachments: # 1 Declaration of Lauren Khouri)(Khouri, Lauren) (Filed on 6/4/2021) (Entered: 06/04/2021) 1 Declaration of Lauren Khouri View on PACER	RECAP
44	June 4, 2021	MOTION to Stay the Case filed by U.S. Department of Education. Motion Hearing set for 7/15/2021 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 6/18/2021. Replies due by 6/25/2021. (Attachments: # 1 Proposed Order)(Takemoto, Benjamin) (Filed on 6/4/2021) (Entered: 06/04/2021) 1 Proposed Order View on RECAP	RECAP
45	June 4, 2021	ORDER AS MODIFIED by Judge Edward M. Chen granting 43 Joint Stipulation For Extension of Time for Parties' Responses. Reply due 6/14/2021. Joint Case Management Statement due by 7/8/2021. Initial Case Management Conference set for 7/1/2021 is vacated and rescheduled for 7/15/2021 01:30 PM in San Francisco, - Videoconference Only. (afmS, COURT STAFF) (Filed on 6/4/2021) (Entered: 06/04/2021)	RECAP
46	June 4, 2021	CLERKS NOTICE CONVERTING MOTIONS HEARING AND INITIAL CASE MANAGEMENT CONFERENCE set for 7/15/2021 TO ZOOM HEARING. Motion Hearing set for 7/15/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emc< b>General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. 35 MOTION to Intervene, 19 MOTION to Intervene as Defend ant, 44 MOTION to Stay the Case. Motion Hearing set for 7/15/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (Related documents(s) 35, 19 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/4/2021) (Entered: 06/04/2021)	RECAP
	June 4, 2021	~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing
47	June 7, 2021	MOTION for Extension of Time to File Answer re 1 Complaint,, MOTION for Extension of Time to File Response/Reply as to 35 MOTION to Intervene, MOTION to Continue the Case Management Conference and Motions Hearing filed by U.S. Department of Education. (Attachments: # 1 Declaration Takemoto, # 2 Proposed Order)(Takemoto, Benjamin) (Filed on 6/7/2021) (Entered: 06/07/2021) 1 Declaration Takemoto View on RECAP 2 Proposed Order View on RECAP	RECAP
48	June 7, 2021	OPPOSITION/RESPONSE (re 44 MOTION to Stay the Case ) filed byFoundation for Individual Rights in Education, Independent Women's Law Center, Speech First, Inc.. (Norris, Cameron) (Filed on 6/7/2021) (Entered: 06/07/2021)	RECAP
49	June 8, 2021	CLERK'S NOTICE: Plaintiff is instructed to file its response to Defendant's motion to hold this case in abeyance for sixty days, Docket No. 44, no later than this Friday, June 11, 2021 at 5:00 p.m. The Court will consider the motion on the papers and hereby vacates the hearing on July 15, 2021. For the time being, the Court will still hear argument on the pending motions to intervene, Docket Nos. 19, 25, on July 15. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/8/2021) Modified on 6/10/2021 (afmS, COURT STAFF). (Entered: 06/08/2021)	RECAP
	June 8, 2021	Clerk's Notice
50	June 10, 2021	Statement Of No Objection To Government's Motion To Hold The Case In Abeyance by KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS. (Johnson, Michael) (Filed on 6/10/2021) (Entered: 06/10/2021)	RECAP
51	June 11, 2021	OPPOSITION/RESPONSE (re 44 MOTION to Stay the Case ) filed byThe Women's Student Union. (Khouri, Lauren) (Filed on 6/11/2021) (Entered: 06/11/2021)	RECAP
52	June 11, 2021	OPPOSITION/RESPONSE (re 47 MOTION for Extension of Time to File Answer re 1 Complaint, MOTION for Extension of Time to File Response/Reply as to 35 MOTION to Intervene MOTION to Continue the Case Management Conference and Motions Hearing ) filed byThe Women's Student Union. (Attachments: # 1 Proposed Order)(Khouri, Lauren) (Filed on 6/11/2021) (Entered: 06/11/2021)	RECAP
53	June 11, 2021	NOTICE of Change In Counsel by Adele Phyllis Kimmel (Kimmel, Adele) (Filed on 6/11/2021) (Entered: 06/11/2021)	RECAP
54	June 14, 2021	OPPOSITION/RESPONSE (re 35 MOTION to Intervene ) by Foundation for Individual Rights in Education, Independent Women's Law Center, Speech First, Inc. filed byThe Women's Student Union. (Khouri, Lauren) (Filed on 6/14/2021) (Entered: 06/14/2021)	RECAP
55	June 14, 2021	OPPOSITION/RESPONSE (re 35 MOTION to Intervene ) filed byU.S. Department of Education. (Takemoto, Benjamin) (Filed on 6/14/2021) (Entered: 06/14/2021)	RECAP
56	June 18, 2021	ORDER by Judge Edward M. Chen Denying 44 Defendant's Motion to Stay. (emcsec, COURT STAFF) (Filed on 6/18/2021) (Entered: 06/18/2021)	RECAP
57	June 21, 2021	REPLY (re 35 MOTION to Intervene ) filed byFoundation for Individual Rights in Education, Independent Women's Law Center, Speech First, Inc.. (Norris, Cameron) (Filed on 6/21/2021) (Entered: 06/21/2021)	RECAP
58	June 23, 2021	STIPULATION WITH PROPOSED ORDER re 35 MOTION to Intervene, 19 MOTION to Intervene as Defendant to Continue Hearing Date filed by The Women's Student Union. (Attachments: # 1 Declaration of Alexandra Z. Brodsky)(Brodsky, Alexandra) (Filed on 6/23/2021) (Entered: 06/23/2021)	RECAP
59	June 23, 2021	ORDER AS MODIFIED by Judge Edward M. Chen granting 58 Stipulation Continuing the Hearing Date on the Pending Motions to Intervene. Hearing on Motions to Intervene 19 35 and Initial Case Management Conference set for 7/15/2021 are vacated and rescheduled for 8/5/2021 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 7/29/2021. Zoom notice to issue.(afmS, COURT STAFF) (Filed on 6/23/2021) (Entered: 06/23/2021)	RECAP
60	June 23, 2021	CLERKS NOTICE CONVERTING MOTION HEARING AND INITIAL CASE MANAGEMENT CONFERENCE TO ZOOM HEARING. Motion Hearing re: 19 35 and Initial Case Management Conference set for 7/15/2021 are vacated and rescheduled for 8/5/2021 01:30 PM in San Francisco, - Videoconference Only. set for 8/5/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. 35 MOTION to Intervene, 19 MOTION to Intervene as Defendant. Initial Case Management Conference set for 8/5/2021 01:30 PM in San Francisco, - Videoconferenc e Only. Motion Hearing set for 8/5/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (Related documents(s) 35, 19 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/23/2021) (Entered: 06/23/2021)	RECAP
	June 24, 2021	~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing
61	July 1, 2021	MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of Education. Motion Hearing set for 8/5/2021 01:30 PM before Judge Edward M. Chen. Responses due by 7/15/2021. Replies due by 7/22/2021. (Takemoto, Benjamin) (Filed on 7/1/2021) (Entered: 07/01/2021)	RECAP
62	July 7, 2021	STIPULATION WITH PROPOSED ORDER to Extend Time to Respond To Motion to Dismiss (ECF 61) until July 22, 2021 filed by The Women's Student Union. (Attachments: # 1 Declaration)(Galanter, Seth) (Filed on 7/7/2021) (Entered: 07/07/2021) 1 Declaration View on PACER	RECAP
63	July 7, 2021	ORDER by Judge Edward M. Chen denying 62 Stipulation to Extend Time to Respond To Motion to Dismiss (ECF 61) until July 22, 2021. (afmS, COURT STAFF) (Filed on 7/7/2021) (Entered: 07/07/2021)	RECAP
64	July 15, 2021	OPPOSITION/RESPONSE (re 61 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction ) filed byThe Women's Student Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Khouri, Lauren) (Filed on 7/15/2021) (Entered: 07/15/2021) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	RECAP
65	July 22, 2021	REPLY (re 61 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction ) filed byU.S. Department of Education. (Takemoto, Benjamin) (Filed on 7/22/2021) (Entered: 07/22/2021)	RECAP
66	July 29, 2021	CASE MANAGEMENT STATEMENT filed by The Women's Student Union. (Khouri, Lauren) (Filed on 7/29/2021) (Entered: 07/29/2021)	RECAP
67	Aug. 3, 2021	Statement of Recent Decision by U.S. Department of Education. (Attachments: # 1 Exhibit VRLC v. Cardona)(Takemoto, Benjamin) (Filed on 8/3/2021) (Entered: 08/03/2021) 1 Exhibit VRLC v. Cardona View on PACER	RECAP
68	Aug. 3, 2021	NOTICE of Appearance by William James Brown, Jr (Brown, William) (Filed on 8/3/2021) (Entered: 08/03/2021)	RECAP
69	Aug. 3, 2021	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16246271.) filed by Foundation for Individual Rights in Education. (Barnes, Brian) (Filed on 8/3/2021) (Entered: 08/03/2021)	RECAP
70	Aug. 4, 2021	ORDER by Judge Edward M. Chen granting 69 Motion for Pro Hac Vice. (afmS, COURT STAFF) (Filed on 8/4/2021) (Entered: 08/04/2021)	RECAP
71	Aug. 5, 2021	Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 8/5/2021 re 61 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of Education. See pdf image for further details. Total Time in Court: 41 Minutes. Court Reporter: Katherine Sullivan. Plaintiff Attorneys: Seth Galanter, Alexandra Brodsky. Defendant Attorney: Benjamin Takemoto. Intervenor Attorneys: Kathleen Hunker, Michael Johnson, Brian W. BarnesAttachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 8/5/2021) (Entered: 08/08/2021)	RECAP
72	Aug. 8, 2021	CLERK'S NOTICE RESCHEDULING 19 35 MOTIONS TO INTERVENE AND INITIAL CASE MANAGEMENT CONFERENCE FOR 10/28/2021 AT 1:30PM: Hearing re 19 MOTION to Intervene as Defendant, 35 MOTION to Intervene and Initial Case Management Conference set for 10/28/2021 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 10/21/2021. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or v ideoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 10/21/2021. Initial Case Management Conference set for 10/28/2021 01:30 PM in San Francisco, - Videoconference Only. Motion Hearing s et for 10/28/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 8/8/2021) (Entered: 08/08/2021)	RECAP
	Aug. 8, 2021	~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice
	Aug. 8, 2021	~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice
	Aug. 8, 2021	Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom
	Aug. 8, 2021	~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings
73	Aug. 13, 2021	TRANSCRIPT ORDER for proceedings held on 8/5/2021 before Judge Edward M. Chen by The Women's Student Union, for Court Reporter Katherine Sullivan. (Khouri, Lauren) (Filed on 8/13/2021) (Entered: 08/13/2021)	RECAP
74	Aug. 29, 2021	Transcript of Proceedings held on August 5, 2021, before Judge Edward M. Chen. Court Reporter Katherine Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 73 Transcript Order ) Release of Transcript Restriction set for 11/29/2021. (Related documents(s) 73 ) (kapS, COURT STAFF) (Filed on 8/29/2021) (Entered: 08/29/2021)	RECAP
75	Sept. 2, 2021	ORDER by Judge Edward M. Chen Granting 61 Defendant's Motion to Dismiss. Amended Complaint due by 9/19/2021. Hearing on 10/28/2021 on 19 Motion to Intervene and 35 Motion to Intervene is VACATED. (emcsec, COURT STAFF) (Filed on 9/2/2021) (Entered: 09/02/2021)	Clearinghouse
76	Sept. 10, 2021	MOTION for Extension of Time to Amend Complaint filed by The Women's Student Union. (Attachments: # 1 Declaration of Lauren Khouri, # 2 Text of Proposed Order)(Khouri, Lauren) (Filed on 9/10/2021) (Entered: 09/10/2021)	RECAP
77	Sept. 13, 2021	ORDER by Judge Edward M. Chen granting 76 Motion for Extension of Time to Amend Complaint. Amended Complaint due 10/4/2021. (afmS, COURT STAFF) (Filed on 9/13/2021) (Entered: 09/13/2021)	RECAP
78	Oct. 4, 2021	AMENDED COMPLAINT against U.S. Department of Education. Filed byThe Women's Student Union. (Khouri, Lauren) (Filed on 10/4/2021) (Entered: 10/04/2021)	Clearinghouse
79	Oct. 8, 2021	STIPULATION WITH PROPOSED ORDER re 72 Clerk's Notice,,,,,,, Set Motion and Deadlines/Hearings,,,,,,, Util - Teleconference Zoom,,,,,, 78 Amended Complaint filed by U.S. Department of Education. (Attachments: # 1 Declaration Takemoto)(Takemoto, Benjamin) (Filed on 10/8/2021) (Entered: 10/08/2021) 1 Declaration Takemoto View on PACER	RECAP
80	Oct. 10, 2021	ORDER by Judge Edward M. Chen granting 79 Stipulated Request to Extend Time. Defendants Motion to Dismiss the Amended Complaint is due 11/10/2021; opposition due 12/1/2021. Initial Case Management Conference to be set alongside motion hearing for 12/16/2021 at 1:30PM. Joint Case Management Statement is due 12/9/2021. (afmS, COURT STAFF) (Filed on 10/10/2021) (Entered: 10/10/2021)	RECAP
81	Oct. 10, 2021	CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Joint Case Management Statement due by 12/9/2021. Initial Case Management Conference set for 12/16/2021 01:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGe neral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 12/9/2021. Initial Case Management Conference se t for 12/16/2021 01:30 PM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 10/10/2021) (Entered: 10/10/2021)	RECAP
	Oct. 10, 2021	~Util - Teleconference Zoom AND Clerk's Notice
82	Oct. 18, 2021	MOTION to Intervene as Defendant filed by Ken Paxton, In His Official Capacity as Attorney General of Texas. Motion Hearing set for 12/16/2021 at 1:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 11/1/2021. Replies due by 11/8/2021. (Attachments: # 1 Proposed Order)(Johnson, Michael) (Filed on 10/18/2021) Modified on 10/19/2021 (jlgS, COURT STAFF). (Entered: 10/18/2021) 1 Proposed Order View on PACER	RECAP
83	Oct. 18, 2021	ANSWER to Amended Complaint by Ken Paxton, In His Official Capacity As Attorney General Of Texas. (Johnson, Michael) (Filed on 10/18/2021) Modified on 10/19/2021 (jlgS, COURT STAFF). (Entered: 10/18/2021)	RECAP
84	Oct. 18, 2021	Memorandum of Points and Authorities In Support Of Texas' re 82 MOTION to Intervene by Ken Paxton, In His Official Capacity As Attorney General Of Texas (Johnson, Michael) (Filed on 10/18/2021) Modified on 10/19/2021 (jlgS, COURT STAFF). (Entered: 10/18/2021)	RECAP
85	Oct. 21, 2021	NOTICE of Appearance by Vinita Andrapalliyal (Andrapalliyal, Vinita) (Filed on 10/21/2021) (Entered: 10/21/2021)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Education

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Key Dates

Filing Date: March 8, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Women's Student Union: a student organization seeking to reduce the sexual harassment experienced by students of Berkeley High School.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Department of Education

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Other Dockets:

Northern District of California 3:21-cv-01626

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

LGBTQ+:

LGBTQ+

Recommended Citation

Case Summary of The Women's Student Union v. U.S. Dep't of Education, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18144/ (last updated 9/29/2021).