Doe v. Rensselaer Polytechnic Inst., No. 1:18-CV-1374, 2019 U.S. Dist. LEXIS 5396 (N.D.N.Y. Jan. 11, 2019)
02/05/2019Facing a Title IX investigation, but before the date of the hearing, Plaintiff filed this action in the Northern District of New York and sought a preliminary injunction to enjoin RPI from holding a hearing before the proposed Title IX regulations become effective. The Court held that Plaintiff failed to demonstrate irreparable harm in the absence of the injunction; any harm Plaintiff has asserted is speculative, and not at all actual or imminent.CATEGORY: Sexual Misconduct
Doe v. Univ. of Miss, No. 3:18-CV-138-DPJ-FKB, 2019 U.S. Dist. LEXIS 7490 (S.D. Miss. Jan. 16, 2019)
01/16/2019The University of Mississippi’s Motion to Dismiss was denied as to plaintiff, Andrew Doe’s Title IX and due process claims. Doe stated a viable claim for due process based on the biased nature of the training materials provided to the Judicial Council, materials that encouraged determinations in favor of the complainant, as well as an inability to cross-examine complainant. Doe’s Title IX claim was sustained due to a flawed investigation by the Title IX coordinator, who failed to collect the testimony of key witnesses, excluded exculpatory evidence, ignored clear notice of a biased panel member and was treated less favorable than his counterpart for engaging in the same conduct.
Doe v. Regents of the University of California, 28 Cal.App.5th 44 (2018)
10/09/2018Credibility determinations require effective cross-examination. The Court of Appeal of the State of California Second Appellate District Division Six found that UCSB denied student due process by failing to provide the accused with access to critical evidence, and not allowing adequate opportunity to cross examine witnesses or present evidence in their own defense.
Doe v. Baylor Univ., 2018 U.S. Dist. LEXIS 169710 (W.D. Tex. Sep. 29, 2018)
09/29/2018Plaintiffs alleged that Baylor had a policy of intentional discrimination where they discouraged victims from reporting their assaults; failed to adequately investigate assaults; misled and lied about options for reporting and accommodations; and obstructed access to medical and mental health treatment.CATEGORY: Discrimination
Doe v. The University of Southern Mississippi, Case 2:18-cv-0015-KS-MTP (S.D. Miss. Sep. 26, 2018)
09/26/2018University of Southern Mississippi ordered to immediately reinstate John Doe as a student in good standing after showing a substantial likelihood the lack of a live hearing with no cross-examination violated due process.
Doe v. Baum 903 F.3d 575 (6th Cir. 2018)
09/07/2018Due process requires a hearing and opportunity to cross-examine witnesses. Sixth Circuit holds that where the credibility of witnesses is in dispute and material to the outcome, due process requires a hearing and opportunity to cross-examine witnesses.
Doe v. Amherst College, 238 F.Supp3d 195 (D. Mass.2017).
02/28/2018Investigation failed to seek out exculpatory evidence.District Court denied school’s motion for judgment on the pleadings with regards to Doe’s allegations of insufficient evidence to find him responsible; an insufficient investigation; gender discrimination; erroneous outcome, selective enforcement, and deliberate indifference under Title IX.CATEGORY: Civil Litigation
Title IX Blog