The report and recommendation of a Pennsylvania magistrate judge held that Title IX disciplinary proceedings are “quasi-judicial” and “if abused, gives rise to an abuse of process claim”—and may result in an uptick in litigation brought against either party to a Title IX dispute.
Devin McCarthy, a former student at King’s College in Wilkes-Barre, Pennsylvania, filed a Title IX complaint against Daniel Boye. The two former students were engaged in a consensual sexual relationship until the spring of 2020, according to the report. McCarthy alleged that, the following August, Boye engaged in sexual acts with her when she was impaired by alcohol and unable to consent. Debra McCarthy, Devin’s mother, requested that the school conduct a Title IX investigation.
