Feminist Majority Foundation v. Hurley

Feminist Majority Foundation (FMF) and Feminist United on Campus (Feminist United) (plaintiffs) were student organizations at the University of Mary Washington (UMW). In November 2014, UMW’s student body authorized male-only fraternities on campus. At the townhall meeting, a Feminist United member questioned the allowance of the fraternities given research that showed how Greek life increased the number of sexual assaults. Afterwards, the issue was debated on Yik Yak, a now-defunct social-media application where users posted comments anonymously. On November 21, 2014, UMW students yelled “fuck the feminists” at Feminist United students leaving a meeting with UMW’s Title IX coordinator, Dr. Leah Cox. After a video emerged of the men’s rugby team performing a chant that glorified violence against women, Feminist United members met with UMW President Hurley (defendant). On March 11, 2015, Hurley held a townhall, where Hurley downplayed the rugby team’s actions. After outrage, Hurley suspended all rugby activities and directed the rugby team to undergo anti–sexual assault and violence training. The rugby team lashed out by posting physically and sexually threatening messages about the feminist students on Yik Yak. On March 25, 200 examples of violent Yik Yak messages were presented to Hurley, and the feminist students asked him to bar access to Yik Yak on campus. However, UMW took no such actions. On April 17, 2015, a Feminist United member was killed by her roommate. In the immediate aftermath, Feminist United members did not know that the death was not connected to the threatening Yik Yak messages. FMF and Feminist United sued Hurley for violations of Title IX to the Education Amendments of 1972, 42 U.S.C. § 1983, and the Equal Protection Clause of the Fourteenth Amendment. The district court dismissed the complaint. FMF and Feminist United appealed.