Don’t agree.

It is not retaliation, at least in my neck of the woods, if the person making the complaint (here, the competitor for a job) did not have a good faith belief that his complaint was valid. Here, the complainant clearly did not.

Not sure how a Title IX complaint itself would fare…these days, legal analysis is, too often, “Who..whom?”

Filing a Title IX complaint would, under the facts, probably be considered prohibited retaliation. He filed a false complaint using false names, events, etc. But, there’s no allegation that he ever had a direct interaction with the Professors, so there’s no basis for a Title IX action against him. This is a major weakness with that law – no consequences for false claims.

I would have contacted the selection committee requesting in on whether he had applied for the position. There is probably a requirement that the Professor disclose the Title IX complain to the committee, so you do that, explain that on information and belief that its a false flag complaint and you believe that the actual identity of the person who filed is a competing applicant who is trying to eliminate you from receiving an offer, and ask the selection committee if that person is an applicant, also. That will probably take him out of the running.

Now, I’d demand that Univ of Michigan offer the positions, now that you’ve cleared yourselves from the false flag complaint. See if they are willing to settle. If you sue, they will probably join him for indemnity and his confidentially clause probably won’t be upheld by a federal court.

You may never collect any money, but you’ll understand why Klingons say that Revenge is a dish best served cold.