Page:Taylor-Travis v. Jackson State University (17-60856) (2021) Opinion.pdf/15

 Lowrey and implemented a but-for causation standard for all retaliation claims. Jackson State argues that Lowrey remains good law because two of the Supreme Court cases cited by Taylor did not address Title IX retaliation claims and the third did not clarify whether the Title IX complaint has to be the sole reason for the adverse employment action.

What neither party considers is whether Lowrey actually imposed a sole causation standard. A closer look at Lowrey reflects that it did not. In Lowrey, this court considered whether 34 C.F.R. § 100.7(e), the regulation implementing and enforcing Title IX, created “an implied private right of action to vindicate [its] anti-retaliation provisions.” The Lowrey court recognized that under Lakoski v. James, Title VII provides the exclusive remedy for individuals alleging employment discrimination on the basis of sex in federally funded educational institutions. The court explained that although Title VII preempts “a private right of action for employment discrimination under title IX,” Title VII “does not prohibit retaliation against complainants who challenge the misallocation of resources in violation of title IX, as such complaints are wholly unrelated to the discriminatory employment practices proscribed by title VII.” Thus, for a Title IX retaliation claim, courts must “‘strip away’ any allegations that would support a private cause of action for retaliation under title VII” and “distinguish between retaliation suffered by [the plaintiff] as a consequence of her participation in complaints and investigations challenging alleged employment discrimination by [the university] and retaliation suffered as a consequence of her participation in complaints and investigations challenging alleged violations of title IX.” The