In this brief, the National Women’s Law Center urged the U.S. Court of Appeals for the Ninth Circuit to hold that a plaintiff does not need to show deliberate indifference when bringing a Title IX claim based on sex-discrimination in athletics, since the alleged discrimination involves an official school policy. The Ninth Circuit, in its 2010 decision in Mansourian v. Regents of the University of California, agreed, holding that schools’ and universities’ decisions with respect to athletics are by definition “intentional.”
