New York District Court Allows Pre-Assault Claim of Deliberate Indifference Under Title IX to Proceed

By Lauren McCoy, J.D., Assistant Professor and Program Director, Sport and Fitness Administration, Winthrop University In February 2021, the United States District Court for the Western District of New York in Posso v. Niagara University[1] adopted a Magistrate Judge’s Report and Recommendation to deny Niagara University’s (Niagara) motion to dismiss in part, allowing pre-and post-assault claims of deliberate indifference under Title IX to proceed. This motion stems from a case involving th