Hushen v. Gonzales.

2025 CO 37. No. 23SC818. Quasi-Judicial—Absolute Privilege—Title IX.

June 9, 2025

The supreme court held that Colorado law applies only one type of inquiry to determine whether a proceeding is quasi-judicial—that inquiry is whether the proceeding addresses the interests of a specific individual or individuals by applying previously established law or policy to present or past facts. If so, its participants are entitled to assert privilege, protecting them from tort liability for the statements they make during that proceeding. In this case, the court held that Jefferson County School District’s Title IX investigation was a quasi-judicial proceeding. Accordingly, its participants may assert that the statements they made during the proceeding are absolutely privileged and cannot serve as the basis of a tort suit against them. Because the court of appeals held that the proceeding was not quasi-judicial, the court reversed the judgment and remanded the case for further proceedings consistent with this opinion.