Doe No. 2 v. Montana State University

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION JANE DOE NO. 2, No. CV-20-12-BU-SEH Plaintiff, MEMORANDUM AND ORDER . V. MONTANA STATE UNIVERSITY, Defendant. INTRODUCTION Pending before the Court is Defendant’s Motion to Dismiss Claim 2.! Grounds asserted for the motion are: (1) Plaintiff's disparate impact theory in Claim 2 “is not cognizable under Title [X;”* and (2) Claim 2 “is unsupported by any factual content to plausibly suggest [Montana State University’s (“MSU”)] alleged policies or customs—all of which are gender neutral on their face— ' Doe. 3. * Doc.…