Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 1:17-cv-01335—Solomon Oliver, Jr., District Judge.
Argued: December 12, 2019
Decided and Filed: June 29, 2020
Before: GILMAN, KETHLEDGE, and READLER, Circuit Judges.
KETHLEDGE, Circuit Judge. Any number of federal constitutional and statutory
provisions reflect the proposition that, in this country, we determine guilt or innocence
individually—rather than collectively, based on one’s identification with some demographic
group. That principle has not always been perfectly realized in our Nation’s history, but as
judges it is one that we take an oath to enforce. Here, the relevant statute is Title IX of the
Higher Education Act of 1965, which bars universities that receive federal funds from
discriminating against students based on their sex. John Doe argues that his complaint in this
case adequately stated a claim that Oberlin College did precisely that when it determined his
responsibility on a sexual-assault allegation. We agree, and reverse the district court’s decision
to the contrary.