“Most cases that have been filed intersect around privilege,” said Brett A. Sokolow, president of the Ncherm Group, a consulting and law firm that advises colleges on sex assault and other issues.
“Of the 170-plus cases that have been filed against colleges, almost all were filed by 1 percenters,” he said, alluding to their affluence. Most students can’t afford to sue, just as most women who are attacked cannot afford legal representation.
While most Title IX challenges go nowhere, a case that proceeds with the right set of facts and finds a sympathetic judge could set an important precedent, Mr. Sokolow said.
“Once that first case is won,” he predicted, “a tidal wave will follow.”