OVERDAM v. TEXAS A&M UNIVERSITY

No. 21-20185.

43 F.4th 522 (2022)

Austin Van OVERDAM, Plaintiff-Appellant, v. TEXAS A&M UNIVERSITY; Michael K. Young, in his official capacity; Alyssa Leffall, in her official capacity; Kyle McCracken, in his official capacity; Dustin Grabsch, in his official capacity; Jaclyn Upshaw-Brown, in her official capacity; Dayna Ford, in her official capacity; Kristen Harrell, in her official capacity; C. J. Woods, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 9, 2022.


Attorney(s) appearing for the Case

Gaines West , Kyle Thomas Carney , West, Webb, Allbritton & Gentry, P.C., College Station, TX, Charles Alfred Mackenzie, Esq. , West, Webb, Allbritton & Gentry, P.C., Waco, TX, for Plaintiff-Appellant.

Kathryn Cherry , Lanora Christine Pettit , Office of the Attorney General of Texas, Office of the Solicitor General, Austin, TX, for Defendants-Appellees.

Lindsay McKasson , Binnall Law Group, Alexandria, VA, Amicus Curiae.

Before Higginson, Willett, and Ho, Circuit Judges.


This case comes to us on interlocutory appeal under 28 U.S.C. § 1292(b). The outcome turns on two controlling questions of law. First, what is the proper pleading standard for a Title IX challenge to a university's disciplinary proceeding? Second, does constitutional due process require that students accused of sexual assault be permitted...

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