Plaintiffs have asserted that Harvard’s Policy was motivated, in part, by the view that single-sex, social organizations promote sexual assault and bigotry on campus and produce individuals who fail to act as modern men and women should. It is certainly plausible that Harvard’s purported ideal of the “modern” man or woman is informed by stereotypes about how men and women should act. Withholding benefits from students who fail to conform to such stereotypes violates Title IX.

For similar reasons, plaintiffs have alleged facts sufficient to state a plausible claim under a theory of antimale bias. Simply because the Policy applies equally to men and women and has purportedly had a greater impact upon all-female organizations than upon all-male organizations does not mean that the Policy was not originally motivated by bias against all-male social organizations. Indeed, plaintiffs allege that various Harvard committees and administrators have made disparaging comments about all-male “final clubs”, indicating that such organizations promote sexual violence, misogyny and bigotry. While the alleged bias is not against men generally, it is a bias against a certain subset of men and the Court must accept plaintiff’s factual allegations as true for purposes of a motion to dismiss.