Jane Doe 1 v. Eastern New Mexico University Board of Regents

Summary

The court reversed summary judgment for ENMU on the Does’ Title IX deliberate-indifference claims. It held that control over a harasser is a functional, fact-specific inquiry and that ENMU had sufficient indirect control over Glen and the circumstances of the alleged abuse to allow the claims to proceed, although the record did not support an official-policy theory. The court did not review the Title IX retaliation ruling because the Does failed to preserve that challenge on appeal.