U.S.

Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

U.S. Department of Education

Office for Civil Rights
400 Maryland Avenue, SW
Washington, D.C. 20202-1100

HONORABLE ASSISTANT ATTORNEY GENERAL FOR

CIVIL RIGHTS AND HONORABLE ASSISTANT
SECRETARY FOR CIVIL RIGHTS,

PLEASE NOTE THAT WE HEREBY FILE THIS FEDERAL

CIVIL RIGHTS COMPLAINT (TITLE IX) AGAINST
CORNELL UNIVERSITY. WE SUBMIT THIS COMPLAINT
UNTO THE JOINT JURISDICTION OF THE DEPARTMENT
OF JUSTICE AND THE DEPARTMENT OF EDUCATION.

YOURS TRULY,
COALITION MEMBERS

CC: Assistant Attorney General for Civil Rights, Eric Dreiband

CC: Assistant Secretary of Civil Rights, Kenneth Marcus
CC: Department of Justice (Education) Electronic Submission Portal
CC: Office for Civil Rights Electronic Submission Portal

1
 PROLOGUE
GENERAL. Men are, on average, more disadvantaged than women throughout
the world—including the United States.1 The American criminal justice system
is biased against male defendants.2 Likewise, there are concerns about
discrimination against men in the American family court system.3

NO WAGE GAP. The persistent myth that men earn more than women for the
same work is fueled by flawed comparisons which “do not control for many
factors that can be significant in explaining earnings differences.”4 Men “are
significantly more likely … to work longer hours.” In addition, a woman’s
decision to take time off for marriage and childbearing is another factor that
may result in a lower salary.5 This was demonstrated in a 2005 study by the
Congressional Budget Office which found “no gender gap in wages among
men and women with similar family roles.”6 Furthermore, it is axiomatic that
men work in more dangerous jobs and thus are more likely to suffer grievous
harm: “riskier jobs get paid more.”7 Women control 60% of personal wealth
and buy 85% of all customer purchases: moreover, 40% of women earn more
than their husbands.”8 In 2010, Time reported that “single women under 30
actually earned, on average, 8% more than their male counterparts.”9 A recent
study found out that women are 36% more likely than men to receive a job
offer.10

1 https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0205349
2 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2144002
3 https://ir.library.illinoisstate.edu/cgi/viewcontent.cgi?article=1631&context=etd
4 U.S. Bureau of Labor Statistics, Highlights of women’s earnings in 2013, December 2014,

https://www.bls.gov/opub/reports/womens-earnings/archive/highlights-of-womens-earnings-in-
2013.pdf.
5 Ketterer, Sarah, “The ‘Wage Gap’ Myth That Won’t Die,” Wall Street Journal, September 30, 2015,

https://www.wsj.com/articles/the-wage-gap-myth-that-wont-die-1443654408.
6 O’Neill and O’Neill, What Do Wage Differentials Tell us About Labor Market Discrimination?, National

Bureau of Economic Research, March 2005, p. 33,

https://www.nber.org/papers/w11240.pdf?new_window=1&mod=article_inline
7 Worstall, Tim, “Here's Your Gender Pay Gap - Fatal Occupational Injuries,” December 21, 2016,

Forbes, https://www.forbes.com/sites/timworstall/2016/12/21/heres-your-gender-pay-gap-fatal-
occupational-injuries/#750063c26c3e.
8 “Statistics on the Purchasing Power of Marketing,” girlpowermarketing, (emphasis in original)

https://girlpowermarketing.com/statistics-purchasing-power-women/.
9 Williams and Ceci, supra, , quoting, O’Neill and O’Neill, What Do Wage Differentials Tell us About Labor

Market Discrimination?, National Bureau of Economic Research, March 2005, p. 33,

https://www.nber.org/papers/w11240.pdf?new_window=1&mod=article_inline; citing, Luscombe,
“Workplace Salaries: At Last, Women on Top,” Time, September 1, 2010,
http://content.time.com/time/business/article/0,8599,2015274,00.html?mod=article_inline.
10http://insight.movemeon.com/insight-analysis/gender/women-more-likely-to-get-hired-than-

men

2
EDUCATION. The education system in America is especially biased against
men. 77% of all teachers in the public education system are women.11 Girls
have higher grades than boys in all categories.12 Numerous studies “have
shown that stereotyping [by female teachers] can bias teachers’ assessment and
grades” against boys.13 Women are the overrepresented sex among college
students nationwide.14 They are also the majority of law students15 and
medical students.16 Almost every college offers a Women’s Studies
Department,17 but no equivalent programs exist for men.18 Women are the
majority of students at Cornell University [52%] and they are also the majority
of the Cornell professoriate [52.1%].19

SCIENCE, TECHNOLOGY, ENGINEERING, MATH. Women comprise the majority

of doctorate degrees in the health and medical (80%), biological (56%) and
social/behavioral (63%) sciences nationally.20 New civil rights data published
by the Department of Education makes it clear that concerns over the
underrepresentation of women in STEM education are outdated.21 Women are
at a 2 to 1 advantage over men in STEM faculty hiring.22 Despite women
outpacing men, affirmative action programs continue to be justified on the
grounds of implicit gender bias. However, empirical evidence for systemic

11https://www.edweek.org/ew/articles/2017/08/15/the-nations-teaching-force-is-still-mostly.html
12http://www.apa.org/news/press/releases/2014/04/girls-grades.aspx
13 Camille Terrier, Boys Lag Behind: How Teachers’ Gender Biases Affect Student Achievement, November
2016, MIT Department of Economics and National Bureau of Economic Research, (“Research shows
that teachers’ biases generate self-fulfilling prophecies, produce stereotype threats, affect students’
interest in a subject, and affect students’ levels of effort.” pp. 1-3 (citations omitted)
https://seii.mit.edu/wp-content/uploads/2016/11/SEII-Discussion-Paper-2016.07-Terrier-1.pdf.
14https://nces.ed.gov/programs/digest/d16/tables/dt16_322.20.asp
15https://www.nytimes.com/2016/12/16/business/dealbook/women-majority-of-us-law-students-

first-time.html
16https://www.washingtonpost.com/local/social-issues/women-are-now-a-majority-of-entering-

medical-students-nationwide/2018/01/22/b2eb00e8-f22e-11e7-b3bf-
ab90a706e175_story.html?utm_term=.3873f1eff392
17 https://datausa.io/profile/cip/050207/
18 The creation of a Men’s Studies program is not a hypothetical request. There are scholars who would

like to teach such subjects (Edward Stephens, Warren Farrell) and there is also demand for such
programs. For example, a Facebook page called “Gender Studies for Men” has 5000+ likes on Facebook,
a not-so-insignificant number since most Women’s Studies programs have small cohorts:
https://www.facebook.com/GenderStudiesForMen/
19 https://www.collegefactual.com/colleges/cornell-university/student-life/diversity/
20 http://www.aei.org/publication/women-earned-majority-of-doctoral-degrees-in-2017-for-9th-

straight-year-and-outnumber-men-in-grad-school-137-to-100-2/
21https://www.ed.gov/news/press-releases/us-department-education-releases-2015-16-civil-rights-

data-collection
22 Williams, W. M. & Ceci, S. J. National hiring experiments reveal 2:1 faculty preference for women

on STEM tenure track. Proc. Natl. Acad. Sci. U.S.A. p. 112, 5360–5365 (2015).

3
anti-female gender bias in science is tenuous. In fact, men may be held to a
higher standard than women in order to warrant praise.23

BIAS IN SEXUAL HARASSMENT ADJUDICATION. According to institutions that

release such data, the overwhelming majority of all persons sanctioned under
Title IX theory are male.24 However, men and women experience sexual
victimization at equal rates25 and the majority of male victims report female
perpetrators.26 The majority of Title IX administrators nationwide are
women.27 The unfairness of Title IX tribunals has received widespread and
bipartisan criticism.28,29,30,31,32,33 Cornell University in particular has been called
out repeatedly due to its persistent bias against men.34,35,36,37

CHILLING EFFECT. Male students/professors who deviate from the orthodoxy

of campus gender politics often face mobbing or termination. There are many
such examples, including cases covered by the press.38,39,40,41,42

23 Gender Bias in Science or Biased Claims of Gender Bias? Psychology Today. Available at:
https://www.psychologytoday.com/blog/rabble-rouser/201707/gender-bias-in-science-or-biased-
claims-gender-bias (Accessed: 5th November 2018).
24 Stanford University’s 2018 Title IX Report:

https://news.stanford.edu/2018/02/27/provost-issues-campus-wide-report-title-ix-sexual-
harassment-cases/
Yale University’s 2018 Title IX Report:
https://provost.yale.edu/sites/default/files/files/FINAL%20February%202018%20Report(1).pdf
25 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4062022/
26 https://www.sciencedirect.com/science/article/pii/S1359178916301446?via%3Dihub
27 https://www.nas.org/articles/gender_inequity_among_the_gender_equity_enforcers
28 https://dash.harvard.edu/handle/1/33789434
29 https://reason.com/blog/2018/02/19/ruth-bader-ginsburg-due-process-me-too
30 https://www.wsj.com/articles/jerry-browns-title-ix-veto-1508280834
31http://www.saveservices.org/wp-content/uploads/Victim-Centered-Practices-Open-Letter-

FINAL.docx.pdf
32 https://www.washingtontimes.com/news/2016/may/18/law-professors-letter-denounces-title-ix-

overreach/
33 https://www.nas.org/articles/nas_applauds_secretary_devos_decision_on_title_ix
34https://reason.com/archives/2018/04/12/23-cornell-professors-say-their-school-v
35https://cornellsun.com/2017/04/14/student-who-says-he-attempted-suicide-during-title-ix-

investigation-sues-cornell/
36https://thetab.com/us/cornell/2017/01/20/cornells-title-ix-investigator-investigation-gender-

bias-4563
37 https://www.thecollegefix.com/cornell-denies-student-his-ph-d-and-may-expel-him-for-allegedly-

defending-professor-against-rape-claim/
38http://www.foxnews.com/us/2018/03/12/college-student-kicked-out-class-for-telling-professor-

there-are-only-two-genders.html
39https://www.andrewlawton.ca/pro-free-speech-professor-rick-mehta-fired-by-acadia-university/
40https://thehill.com/blogs/blog-briefing-room/news/409090-catholic-university-suspends-dean-

over-comment-that-degraded
41 https://pjmedia.com/trending/students-demand-professor-fired-after-he-champions-due-process-

says-accusers-sometimes-lie/
42https://www.washingtontimes.com/news/2019/jan/7/peter-boghossian-portland-state-univ-

professor-fac/

4
 JURISDICTION
We hereby submit this complaint unto the joint jurisdiction of the Department
of Education and the Department of Justice. There is language in the Case
Processing Manual [DOE: OCR] which supports such joint jurisdiction and
there is also precise precedent for co-prosecution.43

LEGAL THEORY
The Supreme Court prohibits gender discrimination against men. In Craig v.
Boren, the Supreme Court criticized the use of sex in a statute that prohibited
vendors from denying only to males the option to purchase a higher alcohol
content beer.44 The Court found the statute’s reliance on “broad sociological
propositions by statistics … a dubious business, and one that inevitably is in
tension with the normative philosophy that underlies the Equal Protection
Clause.”45 Original and appellate courts have proscribed sex discrimination
against men as well as women,46 and decisions have been based on different
laws and statutes including Title IX, Title VI, Title VII and the Fourteenth and
Fifth Amendments.47

The Supreme Court has consistently rejected “overbroad generalizations about

the different talents, capacities or preferences of males and females” as a basis
for sex classifications in other state and federal laws.48 In Mississippi Univ. for

43 https://www2.ed.gov/documents/press-releases/montana-missoula-letter.pdf
44 Craig v. Boren, at p. 204.
45 Ibid. at p. 210. “We conclude that the gender-based differential contained in Okla. Stat., Tit. 37, § 245

(1976 Supp.) constitutes a denial of the equal protection of the laws … and reverse the judgment of
the District Court.” The Court allowed the vendor to “rely upon the equal protection objections of
males 18-20 years of age to establish her claim of unconstitutionality of the age-sex differential.” Id. at
pp. 192-93.
46 Craig v. Boren, 429 US 190, 202, 204 (1976) (“Indeed, prior cases have consistently rejected the use of

sex as a decision-making factor even though the statutes in question certainly rested on far more
predictive empirical relationships than this.”); Sessions v. Morales-Santana, 137 S. Ct. 1678, 582 US __,
198 L. Ed. 2d 150 (2017) (invalidating a law that treated men less favorably than women in
determining citizenship); Orr v. Orr, 440 U.S. 268 (1979) (invalidating Alabama statute that imposed
alimony obligations on husbands, but not wives); Caban v. Mohammed, 441 U.S. 380 (1979)
(invalidating New York statute that required the consent of the mother, but not the father, to permit
the adoption of an illegitimate child).
47 In Glenn v. Brumby, 663 F. 3d 1312 (11th Cir. 2011) the Eleventh Circuit drew upon U.S. Supreme

Court cases interpreting Title VII to reach its conclusion in favor of the plaintiff, even though the
plaintiff chose to pursue only a remedy for the Fourteenth Amendment violation.
48 United States v. Virginia, 518 U.S. 515, 533 (1996) (denying women admission to a state military

institute); see also, Sessions v. Morales-Santana, 137 S. Ct. 1678, 582 US __ (2017) (invalidating law that
effectively treated men less favorably than women in acquiring U.S. citizenship); Weinberger v.

5
Women v. Hogan (Hogan),49 the Supreme Court held that denying men
enrolment in a nursing program was impermissible gender classification
under the Equal Protection Clause of the Fourteenth Amendment.50 Though
the issue concerned an equal protection challenge,51 the decision is helpful in
evaluating whether Cornell’s sex restriction for certain benefits is reasonable.
In Hogan, the Supreme Court reasoned that a sex classification must be

…determined through reasoned analysis rather than through the

mechanical application of traditional, often inaccurate, assumptions
about the proper roles of men and women. Care must be taken in
ascertaining whether the statutory objective itself reflects archaic and
stereotypic notions. Thus, if the statutory objective is to exclude or "protect"
members of one gender because they are presumed to suffer from an inherent
handicap or to be innately inferior, the objective itself is illegitimate [italics
added]52
Mississippi Univ. for Women v. Hogan, 458 U.S. 7, 18, 724 (1982)

Circuit courts agree with this normative philosophy and expanded upon the
use of Title IX to eliminate discrimination against men. The Second Circuit of
Appeals has clarified that discrimination against men is unconstitutional even
in the absence of malicious intent and even for a short period of time.53 The
Sixth Circuit of Appeals has clarified that unlawful anti-male bias can be
inferred when the overwhelming majority of the impacted parties are male.54

The plain language of Title IX, predicated in 34 CFR §106, prohibits any
institution from funding/sponsoring discriminatory scholarships, programs,

Wiesenfeld, 420 U. S. 636, 640-41, 653 (1975) (invalidating federal law that denied benefits to male single
parents, but allowed benefits for females).
49 Mississippi Univ. for Women v. Hogan, 458 U.S. 7, 18, 724 (1982)
50 Ibid., at pp. 720-21, quoting Wengler v. Druggists Mutual Ins. Co., 446 U. S. 142, 150 (1980).
51 Ibid., at p. 730. Under the Equal Protection Clause, the discriminating entity must be a government

or state actor and must show the gender classification serves "important governmental objectives and
that the discriminatory means employed" are "substantially related to the achievement of those
objectives." Ibid. at p. 724. Claims may be brought under both Title IX and for violations of equal
protection under 42 USC § 1983. Fitzgerald v. Barnstable School Committee, 555 U.S. 246, 129 S.Ct. 788,
790 (2009)
52 Ibid., at pp. 724-725.
53 “A defendant is not excused from liability for discrimination because the discriminatory motivation

does not result from a discriminatory heart, but rather from a desire to avoid practical disadvantages
that might result from unbiased action. A covered university that adopts, even temporarily, a police of
bias favoring one sex over the other in a disciplinary dispute, doing so in order to avoid liability or bad
publicity, has practiced sex discrimination, notwithstanding that the motive for the discrimination did
not come from ingrained or permanent bias against that particular sex” (Doe v. Columbia University, No.
15-1536, 2nd Circuit 2016, p. 26, footnote 11).
54 "The statistical evidence that ostensibly shows a pattern of gender-based decision-making and

external pressure on Miami University supports at the motion-to-dismiss stage a reasonable inference
of gender discrimination ... nearly ninety percent of students found responsible for sexual misconduct
between 2011 and 2014 have male first-names" (Doe v. Miami University, No. 17-3396, 6th Circuit 2018,
p. 15).

6
fellowships and initiatives.55 Title IX prohibits recipients from listing, soliciting,
approving, sponsoring discriminatory scholarships even if they are entirely
external to the University.56 Even listing discriminatory scholarships is in
express violation of Title IX: nothing in the language of 34 CFR §106 suggests
that an institution is allowed to mention a discriminatory scholarship or
program on its webpages.57 Title IX prohibits discrimination in terms of
counselling.58 Title IX prohibits discrimination in terms of health benefits.59
Title IX prohibits any kind of preference for admission in any educational entity,
or its substituent chapters.60 In determining whether discrimination occurs,
Title IX requires an assessment of the overall effect.61 Fraternities and sororities
are exempt from Title IX, but professional clubs are not.62

There are even narrower Title IX precedents for this complaint. For example,
Michigan State University converted a women-only study space in the
Michigan Union to a gender-neutral lounge, following a Title IX complaint.63
Texas A&M University was subject to a Title IX complaint because it
eliminated its last male-only dorm while preserving multiple female-only
dorms.64 The press has reported that the Department of Education is
investigating Yale University,65 the University of Southern California,66 and
Tulane University67 for similar Title IX violations. The Oregon Department of
Education compelled South Eugene High School to replace the title “Axemen”
with “Axe” in order to promote inclusivity.68 In a previous Title IX precedent,
the University of Southern California agreed to change the name of the “Center

55 Such is the overall intent of CFR § 106.

56 CFR § 106.37.
57 34 CFR §106.37(a)(2) expressly prohibits even listing any outside organization’s offerings to its

“students in a manner which discriminates on the basis of sex. In reading 106.31(b)(6) and 106.37(a)(2)
together, “significant assistance” would thus include the mere listing of a sex-discriminatory offering.
58 CFR § 106.36.
59 CFR § 106.39.
60 CFR § 106.22.
61 CFR § 106.37.
62 As per an internal memorandum from 1989, which makes a distinction between social and

professional clubs:
https://www2.ed.gov/about/offices/list/ocr/docs/memo-re-fraternities-and-sororities.pdf
In a more general sense, there is a balancing effect between the fraternities and sororities of Cornell
University, even if both fraternities and sororities are sex-exclusive. Cornell offers a plethora of
professional clubs for the female majority, with no equivalent programs for the male minority. As such,
the overall effect is discriminatory against men.
63 https://www.washingtonpost.com/news/wonk/wp/2016/07/28/a-male-professor-says-this-

women-only-study-lounge-is-sexist-and-illegal/?utm_term=.e559327d8b60
64 https://www.thecollegefix.com/post/31646/
65 https://www.campusreform.org/?ID=10899
66 https://www.campusreform.org/?ID=10931
67 https://www.breitbart.com/tech/2018/09/13/tulane-facing-education-department-investigation-

for-female-only-scholarships/
68 http://www.oregonlive.com/education/index.ssf/2018/02/eugene_officials_chop_south_eu.html

7
for Women and Men” (implying a hierarchy of victimhood) into “Relationship
and Sexual Violence Prevention Services.” The gender-neutral title had a
substantial, positive effect on male participation in the Center.69 In a different
precedent, Stanford University agreed that female-only gym training hours
constitute a violation of Title IX and offered to create male-only gym training
hours to create a sense of balance.70 Tulane University is moving towards
transforming a female-only institute and opening its programs to both sexes.71
Also worth mentioning is Minnesota State University’s decision to open three
female-only scholarships to both sexes.72

Nowhere in this complaint do we infer discrimination based on

disproportionate enrolment alone.73 The fact that these scholarships and
programs are endorsed as “women only” is sufficient, in and of itself, to infer
disparate treatment. Such endorsement has a clearly dissuasive effect on
males. This effect is akin to a German campus rejecting Jewish applicants in
excess of the maximum quota74 or state-sanctioned hate speech against non-
Muslims in Saudi Arabia75 or indeed, the “separate but equal” doctrine struck
down in Brown v. the Board of Education. These exclusionary practices create a
hostile environment against prospective male applicants. As per United States
policy, hostile environment can occur even in the absence of intent to harm or
even if the hostility is not directed at a particular target. Nor does hostile
environment require sexual intent: gender animus or hostility based on sexual
stereotypes is sufficient to trigger Title IX liability (Dear Colleague Letter, 2010,
p. 8).76 This includes situations in which “students are harassed for exhibiting
what is perceived as a stereotypical characteristic for their sex” (ibid). For
example, men who stereotyped and vilified on account of their masculinity are
protected by Title IX.

69 In 2014, only 71 male students used the Center for Women and Men throughout the academic year. By

2016, this number had increased to 1943 male students (Title IX Complaint Against the University of
Southern California, Docket #09-16-2128, p. 21).
70 “The University informed OCR that it has modified the weightlifting program. It has now instituted

both “men-focused” and “women-focused” weightlifting hours, which are open to all students
regardless of gender. Both weightlifting sessions are open for the same amount of time two times a
week” (Title IX Complaint Against Stanford University, Docket #09-18-2175, p. 1).
71 “The decision to expand programming had unanimous support of the Newcomb Foundation Board

and the Tulane Board of Administrators.” https://tulanehullabaloo.com/44537/news/complaint-

filed-against-nci-for-discrimination-against-men/#comment-809
72 http://www.wctrib.com/news/education/4523708-rules-women-only-grants-changed-after-mans-

discrimination-charge-university
73 The ratio of female/male enrolment is relevant only in terms of determining the “underrepresented

sex.” Women are no longer the “underrepresented sex” in colleges.

74 The Law against Overcrowding in Schools and Universities:

https://link.springer.com/chapter/10.1007%2F978-3-0348-9008-3_12
75 https://www.aljazeera.com/news/2017/09/hrw-saudi-arabia-hate-speech-target-minorities-

170926082722213.html
76 https://www2.ed.gov/about/offices/list/ocr/letters/colleague-20100420.pdf

8
Given the overall effect, no reasonable person would inquire whether it is
necessary to identify any male students who have specifically applied to these
programs (and who have specifically received rejections) before the United
States can take corrective action against the discrimination. DOJ/DOE must
not inquire whether any futile applications have been made to these
exclusionary programs before issuing injunctive relief against them.

Supreme Court doctrine is unambiguous on this question: in the presence of

clearly discriminatory practices, the victims of discrimination are not the small
class of people who “subject themselves to personal rebuffs” but all persons
who are negatively effected despite their “unwillingness to engage in a futile
gesture.” Put in other words, the United States cannot limit itself to offering
redress to men who specifically apply to programs and offerings which refer
to themselves as “Women Only” (or which maintain all-female compositions
despite meaningless disclaimers or ambiguous language).

If an employer should announce his policy of discrimination by a

sign reading "Whites Only" on the hiring-office door, his victims
would not be limited to the few who ignored the sign and subjected
themselves to personal rebuffs. The same message can be
communicated to potential applicants more subtly but just as
clearly by an employer's actual practices - by his consistent
discriminatory treatment of actual applicants, by the manner in
which he publicizes vacancies, his recruitment techniques, his
responses to casual or tentative inquiries, and even by the racial or
ethnic composition of that part of his work force from which he has
discriminatorily excluded members of minority groups. When a
person's desire for a job is not translated into a formal application
solely because of his unwillingness to engage in a futile gesture he
is as much a victim of discrimination as is he who goes through the
motions of submitting an application.

Teamsters v. United States, 431 U.S. 324, 365 (1977) 77

The analogy presented herein (comparing “Whites Only” programs to

“Women Only” programs) is legally binding. The Congress made little
meaningful distinction between sexual discrimination and racial
discrimination in qualifying the Civil Rights Act of 1964.78 Another binding
Supreme Court precedent which rules out the necessity of identifying an entire
class before challenging openly discriminatory policies is Weinberger v.
Wiesenfeld (1975). In this precedent, the Supreme Court upheld a district court
ruling in which a single widower was granted standing to challenge (and strike
down) an openly discriminatory policy:

77https://supreme.justia.com/cases/federal/us/431/324/
78The analogy is legally binding because Title IX, which prohibits discrimination on the basis of sex in
educational institutions, uses the language of Title VI, which prohibits discrimination on the basis of
race or national origin. 117 CONG. Rec. 30,156 (1971).

9
 “Wiesenberg applied for social security benefits for himself and his
son, and was told that his son could receive them but that he could
not. […] He claimed that the relevant section of the Social Security
Act unfairly discriminated on the basis of sex and sought summary
judgement. […] Appellee filed this suit in February 1973, claiming
jurisdiction under 28 U.S.C. 1331, on behalf of himself and of all
widowers similarly situated. [emphasis added]. He sought a
declaration that 402 (g) is unconstitutional to the extent that men
and women are treated differently, an injunction restraining
appellant from denying benefits under 402(g) solely on the basis of
sex, and payment of past benefits […] After the three-judge court
determined that it had jurisdiction, it granted summary judgement
in favor of appellee, and issued an order giving appellee the relief
he sought.”

Weinberger v. Wiesenfeld, 420 U.S. 636 (1975)79

There are other very real and very pressing reasons which make it not only
impractical but also impossible to identify a class of grievants, or even
individual male complainants. Male students/professors who raise such
concerns are often silenced with extreme prejudice. Lake Ingle, a male student,
was kicked out of class in Indiana University for engaging in civil disagreement
with a radical feminist professor (March 2018).80 A board member at the
University of Virginia (Fred W. Scott Jr.) was forced to resign from his position
because he criticized female-only programs at the University (August 2018).81
A male professor (Rick Mehta) was fired from Acadia University because of
“sexist” comments (September 2018).82 Catholic University of America
suspended a male dean for merely questioning Julie Swetnick, who made
allegations of harassment against the Supreme Court nominee, Brett
Kavanaugh (October 2018).83 When the cost of free speech is so high and the
chilling effect is so potent, it would be unreasonable to shift the burden of
gathering such elusive evidence upon the complaining parties.

Another obstacle is institutional resistance. Institutions often conceal or resist

the disclosure of vital civil rights data in order to avoid legal liability, making
it even more impractical for a reasonable complainant to obtain such evidence.

79 https://supreme.justia.com/cases/federal/us/420/636/#tab-opinion-1951258
80http://www.foxnews.com/us/2018/03/12/college-student-kicked-out-class-for-telling-professor-

there-are-only-two-genders.html
81 “There are no United White People College Funds or White Students' Alliances or Men Against Drunk

Driving. Even at a ‘tolerant university' ... especially there! Women's Initative [sic]. We both support it. Is there
a Men's Initiative???”
https://www.insidehighered.com/quicktakes/2018/09/06/uva-center-board-member-resigns-after-
explaining-why-women-didnt-want-go-shoe
82https://www.andrewlawton.ca/pro-free-speech-professor-rick-mehta-fired-by-acadia-university/
83https://thehill.com/blogs/blog-briefing-room/news/409090-catholic-university-suspends-dean-

over-comment-that-degraded

10
For example, Georgetown University has resisted the disclosure of such data in
the past.84 Likewise, Yale University resisted federal directives85 and destroyed
crucial information during a pending lawsuit.86 While a student complainant
was able to obtain data about Stanford’s discriminatory policies in financial aid
distribution, this data surfaced only accidentally and is not available on a
routine basis.87 The United States can easily overcome this problem by
requesting copies of internal complaints filed with Cornell University, in
addition to conducting unbiased polls and interviews (both with Cornell
students, and with the public at large) to solicit public opinion.

The complaint is timely because all programs listed below involve ongoing and
systematic gender discrimination. Moreover, we are requesting indefinite
waivers on each and every allegation. DOE: OCR88 and DOJ: CRD89 can reopen
“cold” cases whenever proper (even if they were previously dismissed) and
waive the deadline under a series of circumstances. Specifically, cases are
reopened whenever there is compelling national interest and/or overwhelming
public support behind the issue. There is indeed compelling national interest in
stopping the demographic decline of men in the higher education system. An
undereducated class of men are more likely to end up in criminal activity, less
likely to support their dependents, and less likely to support the infrastructure
of the nation.

Moreover, significant public support exists behind the public policy proposed
herein. For example, after Yale University was placed under a similar
investigation, an article by Fox News gathered 1,500+ positive comments.90 A
video by Stephanie Hamill received 1.4 million views.91 Two articles about
similar complaints (published on Campus Reform) were shared 12,000+ times

84 “Repeated attempts to obtain data on any gender inequity at Georgetown have been rebuffed or

ignored by campus officials.” https://www.thecollegefix.com/georgetown-creates-task-force-to-

advance-gender-equity-but-refuses-to-discuss-gender-statistics/
85 “Despite the Trump administration’s reversal of Obama-era policies encouraging schools to use

affirmative action to diversify their student bodies, Yale will continue to use race as a factor in
admissions.”
https://yaledailynews.com/blog/2018/07/05/yale-to-continue-using-race-in-admissions-defying-
trump-administration/
86 “The destruction of those notes could be a violation of federal law, legal experts say.”

https://yaledailynews.com/blog/2018/09/21/legal-experts-yale-may-have-violated-clery-act/
87https://www.sfchronicle.com/education/article/Stanford-University-data-glitch-exposes-truth-

12396695.php
88 https://www.algemeiner.com/2018/09/07/education-dept-to-probe-whether-rutgers-university-

tolerates-hostile-environment-for-jewish-students/
89 https://www.thecrimson.com/article/2018/5/23/yir-admissions-analysis/
90 Please refer to p. 102 in the survey.

https://d25d2506sfb94s.cloudfront.net/cumulus_uploads/document/7dh1943i0z/econTabReport.p
df
91 https://www.facebook.com/Americanvoicesthedailycaller/videos/683586881973534/

11
on social media.92 61% of male students at Yale University agree (at least in part)
with the operational logic of the complaint, according to at least one poll
conducted by Yale itself, and 26% of male students believe they were
specifically victims of anti-male discrimination themselves.93 According to
recent poll conducted by YouGov, 69% of all Americans believe that men face
discrimination to some extent. 74% of men believe that such discrimination
occurs, while 63% of women agree that men face some degree of discrimination
(p. 102).94 There are other examples of the American public reacting sharply
against anti-male policies. For example, a YouTube video about a Gillette ad
has garnered more than a million negative votes, despite anecdotal concerns
that YouTube may be using botware to boost positive votes.95 Given such
popular support, no agent of the United States has the liberty to shirk his/her
duty to the democratic will of the people by refusing to prosecute complaints
of this kind.

The complaint seeks to eliminate gender discrimination against men without

jeopardizing the civil rights of women. When injunctive relief is granted, the
female majority will still be able to compete with the male minority on equal
footing.

92 https://www.campusreform.org/?ID=11249 && https://www.campusreform.org/?ID=10899

93 https://yaledailynews.com/blog/2018/09/16/mens-rights-move-in-on-yale/
94https://d25d2506sfb94s.cloudfront.net/cumulus_uploads/document/7dh1943i0z/econTabReport.

pdf
95 https://www.youtube.com/watch?v=koPmuEyP3a0

12
 LIST OF EXCLUSIONARY PROGRAMS
This list includes some exclusionary programs and scholarships, external or
internal, active as of October 2018. The list is neither exhaustive nor final: OCR
should request information regarding all women-only spaces, scholarships,
fellowships, initiatives, departments, programs, lectureships, committees,
groups, and events that are currently active at Cornell University.96 Title IX also
prohibits discrimination in programs which are externally funded if these
programs receive any kind of endorsement/assistance by Cornell. This
includes mere listing.97 There are no male-only programs operative at Cornell
University which can balance the female-only programs listed herein.

1. Cornell University violates Title IX by expressing an unlawful

preference for women in its employment/hiring practices.
a. Cornell’s 6.6.1 Policy defines “women” as beneficiaries of
affirmative action (p. 6).98 Moreover, Cornell’s
Affirmative Action Statement lists “women” as
beneficiaries.99 A general sense of bias can be inferred
from these definitions.
b. A more precise breakdown of Cornell’s affirmative action
policies can be found in an Annual Initiatives
Spreadsheet (Exhibit B). Cornell implements affirmative
action for women in disciplines wherein they are
allegedly underrepresented,100 even though women are
the majority of the students and the professoriate and
even though Cornell does not implement affirmative
action for men in the fields wherein they are
underrepresented. The following departments engage in
discrimination against men by citing affirmative action for
women:

96 “The compliance review regulations afford OCR broad discretion to determine the substantive
issues for investigation and the number and frequency of the investigations” (Case Processing
Manual, p. 20). OCR must use its discretion in a manner which maximizes its opposition to civil rights
violations against men, consistent with the intentionality of Supreme Court doctrine. If OCR chooses
to narrow the scope of its discretion, OCR must state the reasons behind the decision. Please note that
OCR is already using its discretion to launch compliance reviews against institutions that allegedly
engage in discrimination against women. Therefore, OCR’s refusal to launch compliance reviews to
combat discrimination against men (while launching such reviews to combat alleged discrimination
against women) may be actionable under Title IX.
97 34 CFR §106.37(a)(2).
98 https://www.dfa.cornell.edu/sites/default/files/vol6_6_1.pdf
99 https://hr.cornell.edu/sites/default/files/documents/president.pdf
100 https://diversity.cornell.edu/sites/default/files/uploaded-files/Annual%20Initiatives%202017-

2018%20v5.pdf

13
 i. Faculty of Computing and Information Science:
“we will continue a program of actions aimed at
increasing the number of current and prospective
women and URMs in our undergraduate
programs” (p. 7). This extends to undergraduate
and graduate students, as well as faculty.
ii. College of Engineering (p. 9). Affirmative action is
offered to speakers and “application pool” through
a multi-year program.
iii. Graduate School. Affirmative action for “women in
some fields” (p. 10).
iv. School of Hotel Administration (p. 12). The
language suggests unconstitutional quotas.
v. SC Johnson School of Management (p. 16). “The
Office of Diversity and Inclusion in conjunction
with the Admissions Office seeks to increase the
percentage of URMs and women in the 2-year MBA
program.”
vi. Cornell Law School (p. 17). “Increasing the gender
and racial diversity of the faculty.” Discrimination
in hiring practices also implied.

2. Feminist, Sexuality, and Women’s Studies at Cornell University

violates Title IX.101 While the overall effect is hostile, we propose the
following criteria for analysis.
a. There is no Men’s Studies Department at Cornell
University.102
b. The name of the department invokes women only.
c. The program’s emphasis on “feminism” augments an
inference of bias.103 “Feminism” is defined as “organized
activity on behalf of women's rights and interests.104
Moreover, women who strongly identify as feminists are
more likely to sacrifice men in ethical dilemmas,

101 https://www.cornellcollege.edu/gender-sexuality-and-womens-studies/
102 The creation of a Men’s Studies program is not a hypothetical request and there are many
intellectuals, academics, and activists who would be interested in teaching gender issues from this
specific perspective. These activists believe their perspectives are distinct enough to constitute a
separate branch, instead of integration into current Women’s Studies curriculum. We can file a formal
petition with Cornell University to create such a program and submit a preliminary curriculum, if
required. Likewise, there are students who would be interested in taking such courses.
103 For example, their factsheet refers to feminism throughout:

https://www.cornellcollege.edu/academics/pdfs/fact-
sheets/GenderSexualityWomensStudiesFacts.pdf
104 https://www.merriam-webster.com/dictionary/feminism

14
 according to sociological studies on the subject.105
Therefore, the program creates a miasma of bias against
men on campus.
d. The mission statement and learning objectives explicitly
stipulate “feminism,” which means that any individual
who does not subscribe to feminist ideology cannot attend
this program (nor teach at the program).106 This creates an
unlawful chilling effect upon the First Amendment rights
of prospective students/scholars.
e. Men are severely underrepresented among the
professoriate (2/9).107 All alumnae endorsed on the
program webpage are women (6/6).108
f. All internet resources listed on the departmental website
refer to “women” and “feminism.” There are no
references to men.109
g. The history of the program clearly portrays it as a
department designed for women.110

3. Cornell Women’s Resource Center violates Title IX.111 While the

overall effect is hostile, we propose the following criteria for analysis.
a. There is no Men’s Resource Center at Cornell University.
b. The name refers to women, but not men.
c. The plain language is discriminatory against men.112

105 See, e.g., van Breen, Jolien A et al. “Subliminal Gender Stereotypes: Who Can Resist?” Personality &
social psychology bulletin 146167218771895. To quote: “We found that subliminal exposure to
stereotypes (vs. counter-stereotypes) led women who identify relatively strongly with feminists, but less
strongly with women, to (a) persist in a math task, (b) show increased willingness to sacrifice men in a
Moral Choice Dilemma task, and (c) show implicit in-group bias on an evaluative priming task” (abstract).
The moral dilemma involves loss of life: “In four scenarios, participants are asked to sacrifice a man to
save several others (of unspecified gender), and in four other scenarios they are asked to sacrifice a
woman.”
106 Some prescriptive statements from their homepage are as follows. “You will be asked to explore

the intersections of gender, race, ethnicity, culture, class, sexuality, and nationality. You will also
study forms of oppression, including sexism, heterosexism, racism, classism, ageism, ableism, and
colonialism, as well as forms of bias that contribute to limited or distorted views of women's lives.”
This is a prescriptive stipulation which limits the First Amendment rights of prospective applicants.
https://www.cornellcollege.edu/gender-sexuality-and-womens-studies/
107 https://www.cornellcollege.edu/gender-sexuality-and-womens-studies/faculty/index.shtml
108 https://www.cornellcollege.edu/gender-sexuality-and-womens-studies/careers-and-graduate-

study/index.shtml
109 https://www.cornellcollege.edu/gender-sexuality-and-womens-studies/resources-

students/index.shtml
110 https://www.cornellcollege.edu/gender-sexuality-and-womens-studies/history/index.shtml
111 https://dos.cornell.edu/womens-resource-center
112 “The WRC champions endeavors that support women's education, empowerment, and

advancement at Cornell and beyond. The WRC strives to be a welcoming space for people of all
genders and identities. We especially encourage women of color, black feminists/womanists, queer and
trans folks, and people with disabilities to drop by, attend our programming, apply for co-

15
 d. All programs funded through the Center (and the funding
is substantial) refer to women’s groups, but there are no
references to men’s groups.113
e. The Center hosts a library which focuses on “women’s
history, feminist theory, gender and sexuality studies.”114
There is no equivalent archival service which focuses on
men and scholarship for men’s rights.

4. Weill Cornell Medicine violates Title IX by funding/endorsing the

Women’s Heart Program.115
a. The name refers to women only.
b. There is no equivalent program at Cornell University
which focuses on the cardiological needs of men. This is
despite the fact that men are twice more likely to have
heart attacks through life than women.116 Also, men are
more susceptible to heart diseases than women.117
c. The plain language is discriminatory against men.118
d. All four physicians in the program are women.119

5. Weill Cornell Medicine violates Title IX by funding/endorsing the

Iris Cantor Women’s Health Center.120
a. The name refers to women only.
b. There is no Men’s Health Center at Cornell University.
c. The plain language is discriminatory against men.121

sponsorships, and speak with us about your concerns.” The plain language therefore suggests that
while the Center is accessible to women and LGBT groups, it is not open to men.
https://dos.cornell.edu/womens-resource-center
113 Examples include: “(not so) Average Women, Black Women’s Support Network, I Love Female

Orgasm, Las Femmes de Substance, Women of Color Coalition, Building Ourselves through Sisterhood
and Service, Scientista, Smart Women Securities, Society for Women in Business, Women in Healthcare
Leadership.”
https://dos.cornell.edu/womens-resource-center/funding-sponsorship
114 https://dos.cornell.edu/womens-resource-center/search-our-collection
115 https://cardiology.weillcornell.org/clinical-services/womens-heart
116 https://www.health.harvard.edu/heart-health/throughout-life-heart-attacks-are-twice-as-

common-in-men-than-women
117 https://www.telegraph.co.uk/men/active/mens-health/11723374/Why-do-men-suffer-more-

heart-problems-than-women.html
118 “The cardiologists at Weill Cornell Medicine’s Women’s Heart Program are experts in caring for

women’s unique cardiovascular health needs. Our mission is to identify women at increased risk for
heart disease, prevent disease development and progression, as well as improve overall health and
social wellbeing.”
https://cardiology.weillcornell.org/clinical-services/womens-heart
119 Ibid.
120 https://weillcornell.org/services/iris-cantor-womens-health-center
121 “The Iris Cantor Women's Health Center offers one of the most comprehensive arrays of healthcare

services designed specifically for women in New York City.”

16
 d. There is no balancing overall effect. Weill Cornell Medicine
does offer a list of programs and services which are
available to both men and women. For example, the
Reproductive Medicine program does not violate Title IX
because it offers health services to both men and women.
Likewise, Weill Cornell offers two sex-specific programs
(Urology and Gynaecology) which have an overall
balancing effect. The reason Women’s Health Center
violates Title IX is because there is no equivalent program
which specializes in men’s health issues.122

6. The Weill Cornell Psychiatry Specialty Center violates Title IX

because it denies services to men.123
a. The plain language is discriminatory. The Center lists the
following populations as healthcare recipients: “children,
teens, women, families, couples, older adults.” Single men
are categorically and specifically excluded.124
b. Weill Cornell offers no equivalent psychiatric service
elsewhere.125
c. Men are underrepresented among psychiatrists (6/21).126
While disproportionate enrollment does not state a Title
IX violation per se, this imbalance is probative in terms of
understanding Allegation 6a.127

7. President’s Council of Cornell Women violates Title IX.128

a. The name refers to women only.
b. Cornell offers no equivalent program for men.
c. All members are women.129
d. The program uses substantial funding. For example, they
have raised at least $297 million.130

122 https://weillcornell.org/services
123 https://weillcornell.org/services/psychiatry
124 https://weillcornell.org/services/psychiatry/weill-cornell-psychiatry-specialty-center/about-the-

center/populations-we-serve
125 https://weillcornell.org/services
126 https://weillcornell.org/services/psychiatry/weill-cornell-psychiatry-specialty-center/our-care-

team
127 Put in other words, Weill Cornell Psychiatry Specialty Center violates Title IX not by refusing to

recruit men but because it denies services to single men. Injunctive relief would consist of compelling
the Center to offer services to single men.
128 https://alumni.cornell.edu/volunteer/leadership/pccw/
129 Ibid.
130 Ibid.

17
 e. The program offers scholarships which are available for
women only.131
f. The mission statement clearly excludes men.132
g. PCCW receives substantial assistance from Cornell
University. Specifically, it uses the Cornell logo (which
confers a reputational benefit) and its events use campus
space. Moreover, the organic relationship between
Cornell University and PCCW can be gleaned from their
mission statement.133 The organization was created by
Cornell trustees.134

8. Cornell Center for Women, Justice, Economy, Technology

violates Title IX.135
a. The name refers to women only.
b. Cornell offers no equivalent program for men.
c. The Faculty Director is a woman and so is the Chair.136
The mission statement mentions women only and also
makes it clear that the program receives substantial
assistance from Cornell.137
d. The Center violates Title IX by offering a free online
program to women, but not men.138

131 https://alumni.cornell.edu/volunteer/leadership/pccw/mission-and-history/
132 “To champion women students, faculty, staff, and alumnae as they lead within their fields at Cornell
University and across the world.” Ibid.
133 “The President’s Council of Cornell Women (PCCW) was founded in 1990 by then-President Frank

H. T. Rhodes with the guiding leadership of trustees Lilyan Affinito ’53 and Patricia Carry Stewart
’50. It has since grown into a group of highly accomplished alumnae working to champion women
students, faculty, staff, and alumnae as they lead within their fields at Cornell University and across
the world, by:
(1) Achieving alignment with the president on those issues of greatest importance to Cornell women,
(2) Engaging accomplished alumnae by strengthening their ties to each other and to Cornell,
(3) Offering guidance to and serving as role models for Cornell women,
(4) Providing financial support for Cornell women through PCCW grants and scholarships,
(5) Initiating and supporting programs that attract and retain Cornell women students/faculty/staff,
develop their leadership skills, and enhance their overall quality of life.”
https://alumni.cornell.edu/volunteer/leadership/pccw/mission-and-history/
134 Ibid.
135 https://www.lawschool.cornell.edu/womenandjustice/About-Us/Our-Work.cfm
136 https://www.lawschool.cornell.edu/womenandjustice/About-Us/index.cfm
137 “The Mission of Cornell Center for Women (JET) is to work on initiatives relating to women,

justice, the economy and technology. Cornell Women (JET) brings together representatives … to
improve women’s access to justice, economic opportunity and social progress. The Center began in
2009 with a generous grant from the Avon Foundation for Women. Since then it has undertaken
several major initiatives … The Center continues to expand its scope with the launch of Cornell Tech
to harness the power of technology to promote and secure women's economic and social progress”
(Ibid).
138 “Women entrepreneurs can apply for the online program, which will be offered at no cost.”

https://www.lawschool.cornell.edu/womenandjustice/Clinical-Projects/Clinical-Projects.cfm

18
 e. The Center violates Title IX by perpetuating negative
stereotypes about masculinity.139,140 This stereotyping has
a chilling effect on male victims and creates a prejudicial
effect against accused men. Men and women experience
sexual victimization at equal rates141 and the
overwhelming majority of male victims report female
perpetrators.142

9. The Dorothea S. Clarke Program in Feminist Jurisprudence

violates Title IX.143
a. The emphasis on women is discriminatory against male
applicants.
b. The emphasis on feminism curtails the First Amendment
rights of prospective applicants.
c. The two professors to hold this endowment were both
women.144,145

10. Cornell Women in Leadership Class violates Title IX.146

a. The name refers to women only.
b. The classes explore issues that would only interest
women.
c. Cornell offers no equivalent program for men.
d. The plain language is discriminatory against men.147

139 For example, the search criteria used in the Center’s publication indicates sexist stereotyping.
There are references to female genital mutilation, femicide, and female infanticide. There are no
references to violence against men.
https://www.lawschool.cornell.edu/womenandjustice/Legal-and-Other-
Resources/SearchResources.cfm
140 A list of resources developed by the Center stereotypes men as perpetrators and women as victims.

In addition, even though the majority of prisoners are men worldwide, the Center offers emphasis on
advocacy for female prisoners.
https://www.lawschool.cornell.edu/womenandjustice/Legal-and-Other-Resources/Center-Legal-
Analysis.cfm
141 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4062022/
142 https://www.sciencedirect.com/science/article/pii/S1359178916301446?via%3Dihub
143 https://scholarship.law.cornell.edu/avon_clarke/
144 https://www.lawschool.cornell.edu/alumni/giving/endowed_funds/professorships-a-

m.cfm#CP_JUMP_46631
145 Injunctive relief would thus consist of removing the emphasis on women and feminism as a

requirement for the endowment.

146 https://www.ecornell.com/certificates/leadership-and-strategic-management/women-in-

leadership/
147 For example, one of the constituent courses is open only to “women who are mid- to-senior level

managers, regardless of whether they have a formal team to lead. This course is also meant for women
who aspire to move into leadership roles and have a minimum 3-5 years professional experience.”
https://www.ecornell.com/courses/leadership-and-strategic-management/women-in-leadership-
negotiation-skills/

19
11. The Bank of America Institute for Women’s Entrepreneurship at
Cornell violates Title IX.148
a. The name of the institute refers to women only.
b. The plain language is discriminatory.149,150
c. Cornell has never pledged to create an institute for men,
even though men are the minority of Cornell students.
Nor does Cornell offer any affirmative action programs
for men in the fields wherein they are underrepresented
on a national scale (for example, Law or Medicine or the
Humanities).
d. The program clearly receives funding from Cornell, in
addition to using campus resources and the Cornell
logo.151

12. Cornell Women in Physics and Related Fields violates Title IX.152
a. The name refers to women only.
b. Cornell offers no equivalent program for men.
c. The plain language is discriminatory against men.153
d. All members are women (40/40).154
e. The organization uses campus space and the Cornell logo,
which imparts substantial reputational benefit.

13. Cornell Johnson School Women in Business violates Title IX.155

a. The name refers to women only.
b. Cornell offers no equivalent program for men in the MBA
program. Nor does Cornell offer any affirmative action
programs for men in the disciplines wherein they are
underrepresented.
c. The plain language is discriminatory against men.156
d. All members are women (65/65).157

148 https://www.forbes.com/sites/amyguttman/2018/08/31/cornell-bank-of-america-launch-free-
courses-for-women-entrepreneurs/#3e4a9955d148
149 The course is aimed at “women starting and/or building emerging for-profit businesses. The target

is to educate 5000 women in the next 4 years.” Ibid.

150 “Women entrepreneurs can register for the online program, which is offered at no cost.”

http://www.bofainstitute.cornell.edu/program.php
151 http://www.bofainstitute.cornell.edu/program.php
152 https://physics.cornell.edu/women-in-physics
153 “WiP+ is an informal group of women (primarily) supporting other women.” Ibid.
154 https://physics.cornell.edu/sites/physics/files/wip-group-photo.jpg
155 https://www.johnson.cornell.edu/Office-of-Diversity-Inclusion/Women-at-Johnson/Johnson-

Women-in-Business
156 “Johnson Women in Business (JWIB) is our female student hosting event on the Cornell University

campus.”
157 https://www.johnson.cornell.edu/portals/32/images/ODI/JWIB/JWIB-2018-group-2-833x.jpg

20
14. Cornell Society for Women in Business violates Title IX.158
a. The name refers to women only.
b. Cornell offers no equivalent program for men in the MBA
program. Nor does Cornell offer any affirmative action
programs for men in the disciplines wherein they are
underrepresented.
c. The plain language is discriminatory against men.159
d. All board members are women (11/11).160
e. All members of the Emerging Leaders Program are
women (22/22).161

15. Cornell Johnson School Women in Tech violates Title IX.162

a. The name refers to women only.
b. Cornell offers no equivalent program for men in STEM.
Nor does Cornell offer any affirmative action programs
for men in the disciplines wherein they are
underrepresented.
c. The plain language is discriminatory against men.163
d. All committee members are women (14/14).164

16. Women in Computing at Cornell violates Title IX.165

a. The name refers to women only.
b. Cornell offers no equivalent program for men.
c. All individuals in leadership positions are women
(41/41).166
d. All participants are women.167,168
e. The program has a meaningless disclaimer which claims
that “all genders are welcome.” But this statement is
irrational, given the totality of the circumstances.

158 http://cornellswib.strikingly.com/
159 “The Society for Women in Business (SWIB), affiliated with Cornell's Dyson School, is the largest
undergraduate business organization for women at Cornell, connecting students of all majors with
each other and with professional leaders in the business world. We aim to empower talented and
intelligent women through education and experience.” Ibid.
160 Ibid.
161 Ibid.
162 https://www.johnsonwomenintech.com/
163 “Create a forum for women MBAs, industry leaders and advocates.” Ibid.
164 https://www.johnsonwomenintech.com/2017-committee/
165 https://wicc.acm.org/about
166 Ibid. [all sections under “Leadership” button].
167 https://www.instagram.com/p/Ba48UtGBDFG/
168 https://www.instagram.com/p/BZ6dHooh77f/

21
17. Cornell Real Estate Women violates Title IX.169
a. The name refers to women only.
b. Cornell offers no equivalent program for men.
c. The plain language is discriminatory against men.170
d. All members are women, except the male clerk (6/7).171
e. The program uses campus space and the Cornell logo,
which imparts substantial reputational benefit.

18. Cornell Women’s Management Council violates Title IX.172

a. The name refers to women only.
b. Cornell offers no equivalent program for men.
c. The plain language is discriminatory against men.173
d. All members are women.174
e. All officers are women (10/10).175

19. Cornell Graduate Women in Science violates Title IX.176

a. The name refers to women only.
b. Cornell offers no equivalent STEM program for men. Nor
does Cornell offer any affirmative action programs for
men in the fields wherein they are underrepresented.
c. Women are overrepresented among past and present
members (19/20).177
d. Their mission statement, while deliberately manipulative
and self-contradictory to some degree, emphasizes
discrimination against men.178

169 http://cornellrewomen.wixsite.com/cornellrew
170 “CornellREW is Cornell's primary graduate and professional student organization dedicated to the
promotion and advancement of women in real estate … attract female speakers … increase the visibility
of women …” Ibid.
171 http://cornellrewomen.wixsite.com/cornellrew/board
172 https://johnson.campusgroups.com/wmc/about/
173 “The WMC sponsors efforts to increase the enrollment of women within the Johnson School,

influences the environment around us to promote and support women in business, provides a
structure for connecting with current and future women leaders, and supports the diverse professional
and personal aspirations of women within our community.” Ibid.
174https://johnson.campusgroups.com/upload/johnson/2017/flyer_image_upload_430720_Johnson

_DivInc_09062017_RachelPhilipson_9977_916134625.jpg
175 https://johnson.campusgroups.com/wmc/officers/
176 https://gwiscornell.weebly.com/
177 https://gwiscornell.weebly.com/our-team.html
178 They claim that their mission is to “improve the lives of those in STEM fields, especially those

whom are women-identified … we uphold that improving the scientific culture to help women and
gender minorities thrive in the sciences requires improving the working conditions for everyone in
our community, especially all marginalized groups.” Women are not a minority at Cornell, so the
statement is both false and paradoxical.

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20. Cornell Women in Mathematics violates Title IX.179
a. The name refers to women only.
b. Cornell offers no equivalent STEM program for men. Nor
does Cornell offer any affirmative action programs for
men in the fields wherein they are underrepresented.
c. All officers are women (4/4).180
d. The mission statement is discriminatory against men.181
e. The mentoring program aims to match women with
women, indicating clear discrimination.182
f. All associates/sponsors of CWIM are programs which
discriminate against men: Association for Women in
Mathematics, GPWomen, GWIS, oSTEM, Cornell
Women’s Resource Center.183
g. While there is a disclaimer stating that “men are
welcome,” this disclaimer is meaningless and irrational,
given the circumstances explained above.

21. Cornell Chemical and Biomedical Engineering Graduate

Women’s Group violates Title IX.184
a. The name refers to women only.
b. Cornell offers no equivalent STEM program for men. Nor
does Cornell offer any affirmative action programs for
men in the fields wherein they are underrepresented.
c. The plain language is discriminatory against men.185
d. All participants are women.186

22. The Cook Awards (Alice H. Cook and Constance E. Cook) violate
Title IX.
a. The awards have a pronounced emphasis on women and
their advancement, which creates an unlawful preference
against male applicants (Title IX prohibits sex-specific

179 http://pi.math.cornell.edu/~awm/
180 Ibid.
181 “The goal of the Cornell Student Chapter of the Association for Women in Mathematics is

threefold: (1) Increase the number of undergraduate women enrolled in mathematics courses at
Cornell. (2) Create a network of support for the women (undergraduate and graduate) who are
studying math at Cornell. (3) Provide a forum in which issues pertaining to women in math can be
discussed.” Ibid. The overall effect of this mission statement is discriminatory.
182 http://pi.math.cornell.edu/~awm/events.html
183 http://pi.math.cornell.edu/~awm/links.html
184 https://cbegwg.cbe.cornell.edu/
185 “The CBEGWG is an organizational unit whose purpose is to focus on issues pertinent to female

affiliates of the School of Chemical and Biomolecular Engineering, 2) to encourage young girls to enter
engineering through outreach.” Ibid.
186 For example: https://cbegwg.cbe.cornell.edu/documents/2016_CBE_Women_Flyer.pdf

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 preferences in addition to blatant discrimination) and also
a hostile environment against men on campus.187
b. Women are overrepresented among awardees (15/17).188
c. Cornell offers no awards that are dedicated to improving
campus climate for the male minority.
d. While the awards are gender-neutral on paper, i.e.
available to both men and women, this disclaimer is
irrational (considering the totality of circumstances).

23. The Curie Academy violates Title IX.189

a. The plain language is discriminatory against boys.190
b. All participants are girls.191

24. Cornell Graduate and Professional Women’s Network violates

Title IX.192
a. The name refers to women only.
b. Cornell offers no similar professional network for men.
c. The plain language is discriminatory.193
d. All speakers and participants in all past events were
women.194

25. Cornell University violates Title IX by endorsing 390 scholarships

on its database, all of which are available for women only.195 There
is no rational basis for this endorsement. Title IX prohibits an
institution from even listing external programs which are
discriminatory. The overall effect is clearly discriminatory, given the

187 This can be gleaned from their selection criteria: “nomination letters should describe the
individual’s commitment to women’s issues and efforts to enhance the climate for women at Cornell.”
There is no rational basis for devoting resources to “improving the climate for women at Cornell”
when they are already the majority among students and professors. This unconstitutional sex-based
preference would survive neither strict nor intermediate scrutiny.
188 https://cpb-us-e1.wpmucdn.com/blogs.cornell.edu/dist/8/6767/files/2017/03/Cook-Awards-

2017-0087-1axos95-1024x683.jpg
189 https://sites.coecis.cornell.edu/curieacademy/
190 “Curie Academy is a one-week residential program for high school girls who excel in math and

science.” Ibid.
191 https://cpb-us-w2.wpmucdn.com/sites.coecis.cornell.edu/dist/5/110/files/2016/11/curiehome-

2nhcq6s.jpg
192 https://sites.google.com/a/cornell.edu/gpwomen/
193 “The purpose of Cornell's Graduate & Professional Women's Network (GPWomeN) is to provide a

unified voice for Cornell’s graduate and professional student women … support graduate and
professional student women at Cornell University and beyond.” Ibid.
194 https://sites.google.com/a/cornell.edu/gpwomen/events/past-events
195 “There are approximately 390 different external fellowship programs that are available to support

and promote women graduate students. Our women graduate students and postdoctoral scholars may
be eligible for this support (type demographic “women” for more information).”
https://gradschool.cornell.edu/student-experience/student-communities/womens-communities/

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 massive number of female-only scholarships endorsed for the
female majority. Injunctive relief would consist of banning all such
discriminatory scholarships (if they are funded by Cornell) or
compelling Cornell to sever all ties with such offerings, including
removing them from any webpages or databases, if they are funded
by external sponsors.

26. Cornell University violates Title IX by listing/endorsing various

internal and external programs which discriminate against men.
Injunctive relief would thus consist of compelling Cornell to sever
all ties with these discriminatory organizations (or compelling
Cornell to create similar programs for men). Significant assistance
is presumed since they receive their funding from Cornell and/or
use campus space and/or use the Cornell logo.
a. The Women’s Resource Center lists the following
gynocentric resources. Significant assistance is presumed
since they receive their funding from the WRC, as
explained on the webpage.196 Their names and network of
associations clearly express discrimination against men.
i. (not so) Average Women
ii. Black Women’s Support Network
iii. Las Femmes de Substance
iv. Women of Color Coalition
v. Building Ourselves through Sisterhood and
Service
vi. Scientista
vii. Smart Women Securities197
viii. Society for Women in Business
ix. Women in Healthcare Leadership
b. Cornell Graduate School lists/endorses the following
discriminatory organizations.198 Both organizations
engage in obvious discrimination against men.
i. American Association for University Women
ii. Association for Women in Science

196 https://dos.cornell.edu/womens-resource-center/funding-sponsorship
197 The Department of Education has already launched an investigation against a chapter of Smart
Women Securities (#09-18-2031, Title IX Complaint Against the University of Southern California).
198 “The Cornell University Graduate School is a proud member of the AAUW.”Association for

Women in Science is also listed.

https://gradschool.cornell.edu/student-experience/student-communities/womens-communities/

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 INJUNCTIVE RELIEF
This complaint requests the following injunctive relief, in any
reasonable combination thereof:

 The removal of discriminatory language, whenever proper.

 The elimination of affirmative action on the basis of sex, in
whatever context appropriate.
 The elimination of discriminatory programs within a reasonable
time period, whenever proper.
 The conversion of discriminatory programs into gender-neutral
programs within a reasonable time period, whenever proper. If
such conversion occurs, the names of the programs must be
changed into gender-neutral titles, and the programs must begin
to actively recruit male students and professors. There is Title IX
precedent for such conversion.199
 The creation of male-specific or male-focused programs and/or
scholarships and/or research centers to offset the balance,
whenever proper. There is Title IX precedent for the creation of
such programs.200 We can submit a prospective syllabus and a
list of potential hires for a hypothetical Men’s Studies
Department, if need be.
 Any other form of injunctive relief, whenever proper (such as a
future ban on all such programs).

199 In a previous OCR precedent, the University of Southern California agreed to change the name of

the Center for Women and Men (implying a hierarchy of victimhood) into Relationship and Sexual
Violence Prevention Services (#09-16-2128). The name change had a substantial, positive effect on male
participation in the Center.
200 “Stanford University informed OCR that it has modified the weightlifting program. It has now

instituted both “men-focused” and “women-focused” weightlifting hours, which are open to all
students regardless of gender. Both weightlifting sessions are open for the same amount of time two
times a week. The University submitted documentation to OCR on March 9, 2018 showing their
response to the Stanford Daily newspaper article regarding the women’s only weightlifting hours”
(#09-18-2175).

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 MODEL PROGRAM
It is reprehensible that Cornell University does not offer a single
male-only program which might counterbalance the massive
number of female-only programs listed above. We condemn this
discrimination. We contend that no reasonable person can find,
given the overall effect, that Cornell does not discriminate against
the male minority.

That being said, Cornell has one institute which can be cited as
a template for ameliorating some of the programs listed in this
complaint. The Cornell Institute for Women in Science (CIWS)201
does not seem to violate Title IX for two reasons. One, there is a
balanced sex ratio among CIWS scholars. Two, the studies
published by CIWS reflect ideological diversity and scientific
rigor. For example, CIWS published a study, cited in this
complaint, which found that women are more likely to be
recruited for STEM positions than men. The study, unlike most
scholarship produced by Women’s Studies Departments, is
scientifically precise and rigorous. As such, CIWS stands in stark
contrast to other Cornell programs in which scholars/professors
are expected to conform to a specific sex-based ideology i.e.
feminism when applying to the position, which has a chilling
effect on the First Amendment rights of such scholars.
(Allegations 2c-2f, 3c-3e, 8e, 9b, 22a).

No such chilling effect seems to exist at the Cornell Institute for

Women in Science. We thus choose not to include the Cornell
Institute for Women in Science among programs that violate
Title IX, and we commend CIWS for its viewpoint diversity. We
also commend CIWS for having a balanced sex ratio among its
research staff. However, we would still recommend a name
change (e.g. Cornell Institute for Men and Women in Science) and a
greater push for viewpoint diversity.

This disclaimer does not diminish the discriminatory impact of

Allegations 1-26. The United States must assess the overall effect
at Cornell before inspecting each program on its own merits.

201 https://www.human.cornell.edu/hd/research/labs/ciws/home

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 ADDENDUM
(LIST OF DISCRIMINATORY PROGRAMS)

1. Cornell University (employment/recruitment preferences)

2. Cornell Gender, Sexuality, Women’s Studies
3. Cornell Women’s Resource Center
4. Women’s Heart Program
5. Iris Cantor Women’s Health Center
6. Weill Cornell Psychiatry Specialty Center
7. President’s Council of Cornell Women
8. Cornell Center for Women, Justice, Economy, Technology
9. Cornell Dorothea S. Clarke Program in Feminist Jurisprudence
10. Cornell Women in Leadership Class
11. Cornell & Bank America Launch Free Courses
12. Cornell Women in Physics and Related Fields
13. Cornell Johnson School Women in Business
14. Cornell Society for Women in Business
15. Cornell Johnson School Women in Tech
16. Women in Computing at Cornell
17. Cornell Real Estate Women
18. Cornell Women’s Management Council
19. Cornell Graduate Women in Science
20. Cornell Women in Mathematics
21. Chemical and Biomedical Engineering Graduate Women’s Group
22. Cook Awards for Women
23. The Curie Academy
24. Cornell Graduate and Professional Women’s Network
25. External scholarships (listing/endorsement)
26. External and internal programs (listing/endorsement)
a. Programs affiliated with CWRC
i. (not so) Average Women
ii. Black Women’s Support Network
iii. Las Femmes de Substance
iv. Women of Color Coalition
v. Building Ourselves through Sisterhood and Service
vi. Scientista
vii. Smart Women Securities
viii. Society for Women in Business
ix. Women in Healthcare Leadership
b. Programs endorsed by Graduate School
i. American Association for University Women
ii. Association for Women in Science

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