Litigation Update: Buettner-Hartsoe v. Baltimore Lutheran High School Association

Buettner-Hartsoe v. Baltimore Lutheran High School Association d/b/a Concordia Preparatory School poses a question of whether Title IX applies to schools that do not receive federal financial aid.

Former students of Concordia Preparatory School, a private school, sued Concordia Prep. under Title IX alleging that the school had not adequately addressed complaints of sexual assault and sexual harassment. Concordia Prep. argued the lawsuit should be dismissed because, as a private school that did not receive federal financial assistance, it was not subject to Title IX.

Judge Bennett of the United States District Court for the District of Maryland rejected that argument, instead holding that, because the school received a federal tax exemption as a 501(c)(3) organization, it was therefore subject to Title IX because it is a 501(c)(3) organization, regardless of the fact the school does not otherwise receive direct federal aid, nor any financial aid from the U.S. Department of Education.

Traditionally, independent schools that do not receive federal financial aid have not been considered to be subject to Title IX’s requirements. This decision could substantively expand the number of schools which are interpreted to be subject to Title IX. The case is currently on appeal. Mary Margaret Beecher of Napa Legal Institute, which filed an amicus brief in the case, joined us to discuss the case, the nature of the litigation, and the possible effects of this decision.

Featuring:
--Mary Margaret Beecher, Vice President and Executive Director, Napa Legal Institute
--(Moderator) Amanda Salz, Associate, Morgan, Lewis, & Bockius LLP