The filing of Jane Doe v. Cornell University has made national headlines and sparked conversations everywhere on Title IX, consent, legislation, victim privacy, and the ways institutions handle sexual violence – or don’t.
Our Title IX expert Senior Associate Katie McKay recently spoke with various news outlets to share her insight into the broader implications of the case, including survivor anonymity, online harassment, and institutional accountability.
Survivor Anonymity and Online Harassment
After Jane Doe filed her lawsuit, online vigilantes were quick to dox her, which led to falsely identifying and harassing at least three women. Katie shared comments with The Verge on why survivor anonymity is so crucial when it comes to online harassment.
The fact that people are trying so hard to dox her and are harassing her and others – women they just think might be her – underscores how serious her privacy interest really is. Obviously the anonymity is necessary. It’s protecting her, to some extent, from even more harassment, even more targeting and retaliation. – Katie McKay, The Verge
Some doxxers have claimed Jane Doe’s name should be exposed out of “fairness” to the accused. Katie shared her thoughts on this with The Verge, specifically what coming forward has meant for Jane Doe.
Underlying this is the belief that it’s somehow unfair to these defendants that she’s anonymous and they’re not. But they know who she is.
I don’t see a lack of accountability, even as a Jane Doe, in voluntarily subjecting your claims to the scrutiny of a court, with the subpoena power and the discovery power of the court. – Katie McKay, The Verge
Katie made the comparison of what is happening to Jane Doe to the vicious harassment campaigns E. Jean Carroll and Amber Heard faced after making public accusations:
Those women were publicly identified, and they were torn to shreds, viciously attacked by the public.
I don’t know if perhaps that’s created more of an interest or an expectation that every case is going to let observers who are non-litigants pick apart the victim, but it seems pretty clear to me that’s what they want to hear. – Katie McKay, The Verge
Jane Doe’s attorney reported to CNN, Jane Doe was living in New York City before going home to her parents’ house, where they had been victims of a swatting and she was in fear for her life.
With the onslaught of doxxing, harassment, and stalking Jane Doe has faced since courageously filing her lawsuit, a civil order of protection could help against the most vicious stalkers. But as a New York resident, until The CREEP Act is signed into law, she wouldn’t be eligible for one because she doesn’t have an intimate or familial relationship with these stalkers.
Far too many survivors in New York are victims of online harassment and doxing campaigns. This is why Governor Hochul, who has expressed great concern for Jane Doe and has stood with survivors, NEEDS to sign The CREEP Act (currently on her desk!) into law, so that all New Yorkers can be protected, no matter what the relationship is between a victim and their stalker. So that targets of stalking like Jane Doe can find protection from people trying to terrorize them. The midterm elections are over, Governor Hochul has won, and we are anxiously waiting for her signature!
Institutional Accountability
The Wall Street Journal’s coverage highlighted debate over consent, in particular when substances are involved, including the fight to close NY’s “Intoxication Loophole” by passing A101/S10632, as well as the evolution of the Title IX applications over the years. The article explains that universities have faced pushback from both accusers and the accused in their handlings of sexual misconduct cases.
They don’t want bad press attention. And they don’t want to be sued. They’re trying to thread a needle. – Katie McKay, The Wall Street Journal
Ultimately, as Katie told The Chronicle of Higher Education, institutional accountability goes beyond complying with Title IX requirements.
There’s soul searching to do, and I think that’s true whether or not Title IX was complied with to the letter of the law. – Katie McKay, The Chronicle of Higher Education
Katie joined our legal team in 2024, leading our Title IX practice area where she brings cases against universities and K-12 schools, a longtime passion area that first motivated her to become an attorney. She has worked with and advocated for survivors of domestic violence, sexual assault, and workplace discrimination. She’s a fierce advocate for the LGBTQ+ community and has her Master of Fine Arts in Creative Writing.
If you or someone you know has experienced sexual assault or discrimination at a school or university, contact us to explore your Title IX legal options. Sex-based discrimination, harassment, and violence can take on many different shapes – we are here to help protect students and employees from sexually hostile environments.
