Overview

Tara J. Davis focuses her litigation practice on Title IX and Title VII discrimination, representing students and faculty members involved in university disciplinary matters. Recognized as a “Go-To Lawyer for Higher Education,” Tara’s deep institutional knowledge and unique expertise have gained national recognition, including attention from major news media outlets, including The New York Times, The Wall Street Journal, USA Today, The Los Angeles Times, CBS Sunday Morning, New York Magazine, The Huffington Post, Fox News, and National Public Radio. Tara has represented students and faculty at more than 100 public and private educational institutions across the country, on matters ranging from academic dishonesty to sexual misconduct. 

Tara is an accomplished practitioner with a breadth of experience litigating every aspect of a case in federal and state courts, from initiation of a lawsuit, through motion practice, discovery, oral arguments, and federal appellate court practice. She has guided her clients to numerous advantageous rulings and has secured favorable resolutions for her clients through settlement, arbitration, and mediation. She also has experience representing individuals in defamation matters and resolving a wide range of business disputes.

Client testimonials include:“When I was falsely accused (Title IX), I was shocked and did not know what to do. I did the research and made the best decision in hiring Nesenoff & Miltenberg. My attorney Tara J. Davis from the Boston Office was very professional and poised throughout the entire ordeal. The process was grueling and long, but Tara never lost focus and always kept me informed. It was a very difficult time in my life and working with Tara made all the difference.”

With a reputation for zealous advocacy, client focused approach, attention to detail, and her unique expertise in a highly specialized area, Tara is a highly sought after advisor for representation in university disciplinary matters, at every stage from the initiation of the investigation through the adjudication and appeals process. Her clients recognize her passion for safeguarding individuals’ due process rights, her professional acumen, and devotion to achieving her clients’ objectives. No matter the subject matter of a case, Tara is a tenacious litigator and a trusted advisor.  

Notable Work

  • Successfully argued a matter in the Fourth Circuit Court of Appeals which resulted in the establishment of a due process right to cross-examination in the university disciplinary context. The plaintiff, a former student of the University of North Carolina at Chapel Hill sued the University after he was found responsible for sexual assault and expelled. Defendants appealed the District Court’s decision denying its motion to dismiss. The Fourth Circuit reversed in part, affirmed in part, and dismissed in part. As part of its decision, the Court made clear that, going forward, the right to cross-examination in student disciplinary proceedings will be deemed a clearly established right for due process purposes.
  • Obtained a favorable ruling on behalf of a former tenured professor who was terminated from his employment after being falsely accused of misconduct. The United States District Court for the Western District of Virginia denied in large part the motion to dismiss, permitting the Plaintiff’s claims for sexual orientation discrimination under Title VII, sexual orientation discrimination under Title IX, breach of contract, and equal protection against UVA and the individual defendants in their official capacities for injunctive relief, to proceed to discovery.  
  • Defeated a motion to dismiss the complaint involving allegations of violations of Title IX, violations of 14th Amendment procedural due process, and immunity defenses in the U.S. District Court for the Western District of North Carolina. This case involved a student expelled from a public institution. 
  • Successfully defeated motion for summary judgment in the United States District Court for the Northern District of New York in matter challenging university’s Title IX process and the resultant erroneous finding against a student.  
  • Successfully defeated a motion to dismiss in the United States District Court for the District of Massachusetts, resulting in the critical precedent setting decision that Title VII does not preempt Title IX claims.  
  • Settled Title IX and racial discrimination action against an Ivy League institution after conclusion of discovery.
  • Reached a favorable settlement against a private institution after commencing action for violations of Title IX and breach of contract based upon the gender biased investigation and wrongful finding of sexual misconduct against a student, resulting in a full expungement. 
  • Secured “not responsible” finding in a Title IX investigation conducted after student’s graduation date, arising from allegation of non-consensual sexual intercourse without consent. 
  • Obtained a “not responsible” finding on a Title IX complaint from a private institution after finding was remanded to a new hearing board for reconsideration and second hearing panel issued a full reversal of the outcome. 
  • Settled a matter in litigation involving erroneous sexual misconduct finding and wrongful suspension against student athlete against a private university.
  • Reached a favorable settlement with an Ivy League institution in a Title IX and breach of contract action stemming from an allegation of non-consensual sexual contact brought against a student of the university. 
  • Obtained a “not responsible” finding on a charge of sexual assault due to incapacitation after a Title IX investigation spanning nearly an entire academic year at a private college.
  • Secured a recommended finding of “not responsible” on a non-consensual sexual contact charge brought against a student of a private university just prior to the student’s anticipated graduation date.
  • Reached a settlement pre-litigation with a private college regarding sanctions imposed upon three student athletes due to alleged violations of Covid-19 policies. 
  • Secured the dismissal of a Title IX complaint at a public university on the basis that such investigation was in violation of the 2020 Title IX regulations. 
  • Advocated for a professor through investigation at public university, ultimately overcoming a wrongful accusation of gender discrimination and sexual harassment.  
  • Guided graduate student of private university through disciplinary process related to Title IX complaint arising from conduct alleged to have occurred three years prior, ultimately achieving a not responsible finding.

Education & Admissions

Admissions

States

  • Massachusetts
  • New York

Courts

  • U.S. Court of Appeals for the 1st Circuit
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the 7th Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of Colorado

Education

  • The George Washington University Law School, J.D. 2009
  • The George Washington University, B.A. 2006, magna cum laude

Media

Practice Areas

Related News

View More news
July 31, 2025
Miltenberg, Davis: District Court Denies in part UVA Motion to Dismiss in Lawsuit by Former Tenured Professor. Claims under Title VII, Title IX, breach of contract to proceed.
May 12, 2025
Miltenberg, Davis: “Fourth Circuit Establishes Due Process Right to Cross-Examination in University Disciplinary Hearings,” April 2025.
March 19, 2025
Miltenberg, Vinci, Davis & Federico: “Former women’s hockey coach Katey Stone gains edge in bias case against Harvard,” The Boston Globe, March 19, 2025.
March 15, 2025
Miltenberg, Davis: “Another Favorable Ruling in Jacob Doe v. University of North Carolina,” Title IX for All, March 15, 2025.
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