Higher Ed Counsel & Strategic Solutions

In Sabatini v. Knouse, No. SJC-13781 (Mass. May 19, 2026), the Massachusetts Supreme Judicial Court held that, in the academic context, G. L. c. 214, § 1C permits a sexual harassment claim to proceed directly against an alleged individual perpetrator, not only against an educational institution. Massachusetts law, specifically, G. L. c. 214, § 1C, sets forth the right to be free from sexual harassment in Massachusetts and gives the Superior Court jurisdiction to enforce that right and award damages.

In recent years, the use of the term “rapist” on campus has sparked significant legal debate in Title IX higher education cases. Two notable cases, Nungesser v. Columbia University and the more recently decided Doe v. University of Maryland, provide contrasting judicial perspectives on this issue. In this legal update, we examine these cases, focusing on their legal reasoning, outcomes, and implications for educational institutions.

Just in time for back to school, Title IX Coordinators have one more item to add to their “to-do” list: updating their Title IX policies to reflect required definitions of certain sex offenses. Luckily, this is a relatively quick fix that may even slightly simplify your Title IX policies.