No Absolute Privilege for Accuser's Allegations in High School Sex Misconduct Investigation,

If Alice accuses Bob of misconduct in a statement to a third party, Bob can sue Alice for defamation.

Bob would have to show that the statement is false, and generally speaking that Alice was at least negligent in making that allegation.

But if Alice makes the accusation in some context where she is protecting some legitimate interest, she might be protected by a "qualified privilege".

The court says the Title IX proceeding in this case did not contain sufficient procedural safeguards to be considered "quasi-judicial" for absolute immunity purposes.

Because each proceeding is unique, no one safeguard is determinative; courts should look to the totality of the circumstances in determining whether the safeguards are sufficient to consider a proceeding quasi-judicial.

A judge acquitted Gonzales of sexual misconduct in a case involving two girls.

The judge found that the verdict "[came] down to issues of credibility and corroboration or lack of corroboration as to the charges" A Title IX supplement maintained that Gonzales had inappropriately touched Ashley beginning in late August but omitted reference to specific dates.