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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)

Citation
Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)
Parent Document
Mansourian v. Regents of the University of California, 602 F. Supp. 3d 957 (2010)
Effective Date
2010-02-08

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Pederson, 213 F.3d at 882. The Eighth Circuit, the only other
circuit to address the issue, has assumed, without any analy-
sis, that Gebser’s notice requirement applies equally to Title
IX cases where plaintiffs allege discrimination in the adminis-
tration of an athletic program. Grandson v. Univ. of Minn,,
272 F.3d 568, 575 (8th Cir. 2001). But the plaintiffs in
Grandson did not argue otherwise, id., and the Eighth Circuit
reached the merits of a later Title IX athletics case without
mentioning Grandson, Gebser, or the notice requirement. See
Chalenor, 291 F.3d 1042. It is therefore far from clear that
Grandson is controlling even in the Eighth Circuit. If it is,
then the circuits are already split on the issue, and we find the
Fifth Circuit’s holding (and that of the Tenth Circuit in Simp-
son, on a different but related issue) the more persuasive, for
reasons already surveyed.