"Most cases that have been filed intersect around
privilege," said Brett A. Sokolow, president of the Ncherm Group, a
consulting and law firm that advises colleges on
sex assault and other issues.
"Of the 170-plus cases that have been filed against
colleges, almost all were filed by 1 percenters," he said, alluding to
their affluence. Most students can’t afford to sue, just as most women who are
attacked cannot afford legal representation.
While most Title IX challenges go nowhere, a case that
proceeds with the right set of facts and finds a sympathetic judge could set an
important precedent, Mr. Sokolow said.
"Once that first case is won," he predicted,
"a tidal wave will follow."
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