In Garcia v. ECPI Univ. LLC, No. 2:25-CV-245, 2026 WL 66749 (E.D. Va. Jan. 8, 2026), the court held that plaintiff alleged a “sexual harassment dispute” under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), and thus denied defendant’s motion to compel arbitration of plaintiff’s claim under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–88.
From the decision:
Garcia alleges sufficient facts to support a finding that Siegel’s harassment was sufficiently severe or pervasive to create a hostile or abusive educational environment. Harassment is considered severe or pervasive “when it creates ‘an environment that a reasonable person would find hostile or abusive’ and that the victim herself ‘subjectively perceive[s] … to be abusive.’ ” Jennings, 482 F.3d at 696 (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 (1993)). Whether sex-based harassment is “actionable (severe or pervasive) discrimination ‘depends on a constellation of surrounding circumstances, expectations, and relationships.’ ” Id. (quoting Davis v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 651 (1999)). “All the circumstances are examined, including the positions and ages of the harasser and victim, whether the harassment was frequent, severe, humiliating, or physically threatening, and whether it effectively deprived the victim of educational opportunities or benefits.” Id. (first citing Davis, 526 U.S. at 650–51; then citing Harris, 510 U.S. at 23). In Jennings, the Fourth Circuit recognized that a victim of sexual harassment is effectively deprived of access to educational opportunities or benefits if the harassment:
(1) results in the physical exclusion of the victim from an educational program or activity; (2) ‘so undermines and detracts from the victim[’s] educational experience’ as to ‘effectively den[y her] equal access to an institution’s resources and opportunities’; or (3) has ‘a concrete, negative effect on [the victim’s] ability’ to participate in an educational program or activity.
Id. at 699 (alterations in original) (quoting Davis, 526 U.S. at 650–51). “In assessing whether the alleged harassment caused such a deprivation, the factfinder must consider all of the ‘surrounding circumstances’ and use ‘[c]ommon sense[ ] and an appropriate sensitivity to social context’ to ‘identify objectively hostile or abusive conduct.’ ” Doe v. Fairfax Cnty. Sch. Bd., 1 F.4th 257, 275 (4th Cir. 2021) (alterations in original) (quoting Jennings, 482 F.3d at 696).
Garcia alleges that over the course of the ten-week Medical Surgical Nursing II class, Siegel subjected her to ongoing harassment 30-40 times. Compl. ¶ 24. That harassment included provocative looks and gestures, compliments on her physical appearance, and unwanted hugs and neck massages. Id. Garcia alleges that this ongoing and “unpredictable harassing conduct” caused her “emotional distress and fear.” Id. Additionally, Garcia alleges that during a private review session, Siegel touched her inner upper-mid thigh on multiple occasions, wrapped his arm around her back, touched the side of her breast, and invited her to “see where the night would lead” after the review session concluded. Id. ¶ 18. Garcia alleges this harassment caused her “severe emotional distress, interfer[ed] with her academic performance, and den[ied] her equal access to ECPI’s programs.” Id. ¶ 33. ECPI argues that while “the conduct described by [Garcia] in her Complaint is by no means appropriate, not all sexual harassment is actionable.” Dkt. No. 7 at 4. To support its position, ECPI relies solely on conduct alleged to have occurred in Title VII cases. Id. at 4–5. But Title VII and Title IX have different, albeit similar, standards of what conduct rises to the level of severe or pervasive.2 Additionally, the majority of the cases ECPI relies on were resolved through motions for summary judgment, rather than motions to dismiss.
Based on the foregoing, the court held that at this stage, plaintiff met her burden to allege enough facts to state a claim for relief that is plausible on its face.