In a groundbreaking decision, a federal court ruled the new Illinois Civil Rights Remedies Restoration Act retroactively applies to an ongoing civil rights case. The ruling was issued in a lawsuit brought by a female student who alleged VanderCook College of Music violated Title IX of the Education Amendments Act of 1972 by failing to adequately respond to allegations that she was sexually assaulted by a classmate. Jeff and his partner Rachel Katz represent the student.
Title IX prohibits discrimination in certain educational institutions. For decades, emotional distress damages have been an essential remedy in Title IX cases, enabling survivors to seek justice for the intangible yet profound effects of civil rights violations.
In 2022, the landscape changed dramatically with the Supreme Court’s decision in Cummings v. Premier Rehab Keller, P.L.L.C. The ruling stated that emotional distress damages are not recoverable in certain civil rights cases. Subsequently, the court’s ruling was extended to Title IX cases. This meant that, even if a student experienced a serious civil rights violation, the law provided no remedy for emotional distress.
Refusing to stand by as the rights of survivors were diminished, Illinois took a bold step forward in 2024. In a direct response to the Cummings decision, the state passed the Illinois Civil Rights Remedies Restoration Act with the specific aim of “restoring in Illinois the full enjoyment of the civil rights unjustly limited” by the Supreme Court’s ruling.
Yet, an important question remained unresolved: Did the law apply retroactively to lawsuits filed before the new law was enacted?
In January 2024, the student filed a motion to add a claim under the new law. VanderCook argued the new law did not apply retroactively to older lawsuits filed before the law was enacted.
In a case of first impression, the court ruled that, under state law, the new law applies retroactively to the student’s claim and revives her right to seek emotional distress damages at trial. Read the ruling here. The ruling is a clear victory for students and civil rights advocacy in Illinois.
Do you think you have been harassed for reporting sexual misconduct? Contact Jeff.
NOTICE: The information contained in this post comes from allegations made in a legal complaint which was filed in the public record with the court. Please note that this is a contested matter. As a result, it is expected that the allegations will be opposed or denied by other parties and the court has not ruled one way or the other as of the date of this statement.
