Crowther v. Board of Regents of the University System of Georgia is a Title IX case currently before the U.S. Supreme Court. The case addresses whether employees of federally funded educational institutions may bring private lawsuits under Title IX for sex‑based employment discrimination. This issue has produced a split among federal appellate courts, prompting Supreme Court review during the October 2026 Term. The Court set oral argument November 30, 2026.
Crowther, a former art professor at Augusta University, was investigated in 2020 after student allegations of sexual misconduct. Following the university’s internal Title IX process, he was suspended and his contract was not renewed. Crowther filed suit alleging sex discrimination and retaliation under Title IX. The district court dismissed his claims, and the Eleventh Circuit affirmed, holding that Title IX does not authorize employees to sue for employment‑related discrimination, limiting private enforcement to students.
The Eleventh Circuit’s decision conflicts with rulings from several other circuits. The Second, Third, Sixth, Ninth, and Tenth Circuits have held that Title IX’s broad language—prohibiting discrimination against “any person”—allows employees to bring private lawsuits for sex‑based employment discrimination. The Eleventh Circuit’s narrower interpretation created a clear circuit split, setting up Supreme Court intervention.
The Supreme Court granted certiorari on May 18, 2026. The case may resolve three core legal issues: (1) whether Title IX contains an implied private right of action for employees; (2) how Title IX’s scope interacts with Title VII, the primary federal employment discrimination statute; and (3) whether Title IX permits employee retaliation claims based on alleged discrimination directed at the employee. The Court has previously recognized retaliation claims under Title IX in Jackson v. Birmingham Board of Education (2005), but only where the employee complained about discrimination against students.
A decision is expected in summer 2027. The ruling will determine whether university employees nationwide may use Title IX as a litigation pathway for sex‑based employment claims or whether such claims must proceed exclusively under Title VII. The outcome will directly affect higher‑education employment practices, institutional compliance obligations, and the future scope of Title IX enforcement.
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