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

 "To establish a claim of retaliation under Title IX, plaintiff must demonstrate the following by a preponderance of the evidence: One, protected activity under Title IX; two, an adverse employment action; and three, a causal connection between the two, that is, a causal connection between exercise of the protected activity under Title IX and an adverse employment action.

Because a Title IX retaliation claim only covers conduct protected by Title IX, the plaintiff may prevail only if you, the jury, find that she was terminated solely as a consequence of complaints alleging noncompliance with the substantive provisions of Title IX. It is not enough that you may believe plaintiff was terminated for complaints related to her own individual employment, for that is not protected activity covered by Title IX.

Even if you find that plaintiff engaged in conduct protected by Title IX, plaintiff also bears the burden of proving a causal link between the two, between any Title IX protected activity and termination of her employment. Her subjective belief is insufficient to prove that protected activity under Title IX resulted in her termination. Again, the plaintiff here would have to prove this matter before you."

The district court’s instruction substantially covered the causation standard. The first paragraph states that the plaintiff must show “a causal connection between exercise of the protected activity under Title IX and an adverse employment action” without elaborating upon what qualifies as a “causal connection.” Similarly, the third paragraph states that a plaintiff must prove a “causal link” between the protected activity and termination of her employment without further elaboration. Neither paragraph one nor paragraph three contains language that would lead a jury to believe that the protected activity must be the sole reason for Taylor’s termination.