Title IX Lawsuit Against Hillsdale College Dismissed
Last year, one present and one former student of Hillsdale College filed a federal lawsuit alleging the institution failed to adequately investigate their claims of rape and misrepresented how safe they would be on campus.
Hillsdale prevailed in getting the lawsuit dismissed by U.S. District Judge Jane M. Beckering last month.
According to the lawsuit, Grace Chen, a current Hillsdale student, claimed she was raped by a fellow student in November 2021 in a Hillsdale dormitory.
Danielle Villarreal, a former Hillsdale student, claimed she was raped by a fellow student in August 2021. Both women reported the assaults to members of Hillsdale administration.
Hillsdale College. (Photo via Facebook)
Chen and Villarreal asserted that Hillsdale had failed to comply with Title IX, which prohibits discrimination on the basis of sex in any program that received federal funding. Hillsdale argued that it is not subject to Title IX because it does not accept federal funds at the school.
The plaintiffs asserted that Hillsdale receives a federal benefit by way of its tax-exempt status under the Internal Revenue Code and therefore ought to be subject to Title IX.
The court disagreed, however, concluding that “Defendant’s § 501(c)(3) status does not implicate the terms of Title IX’s proposed contract with educational institutions” and dismissed the claims under Title IX.
Chen and Villarreal also alleged that Hillsdale was negligent because it breached its duty of care to students over whom it had a “special measure of control.”
Beckering dismissed the negligence claim, writing, “Plaintiffs do not identify any Michigan precedent supporting the proposition that a special relationship exists between a college and its adult students that would give rise to a general duty of care to protect the students from the criminal acts of a third party.”
She also dismissed claims for intentional infliction of emotional distress and the Michigan Elliott-Larsen Civil Rights Act.
Because the plaintiffs had already amended their complaint once, the court dismissed the lawsuit with prejudice, meaning they cannot bring the claim again.
The plaintiffs have filed a notice of appeal to the U.S. Court of Appeals for the Sixth Circuit.
In the MinistryWatch database, Hillsdale College has a 1-star financial efficiency rating, a C transparency grade, and a donor confidence score of only 30, meaning donors should withhold giving.
This story has been republished with permission from MinistryWatch.
Kim Roberts is a freelance writer who holds a Juris Doctorate from Baylor University. She has home schooled her three children and is happily married to her husband of 25 years.