Klocke v. Univ. of Texas, No. 18-10857 (5th Cir. 2019).
10/01/2019The Fifth Circuit affirmed the district court’s finding of summary judgment in favor of UTA dismissing plaintiff’s Title IX claim. UTA’s credibility assessment was reasonable and did not support an erroneous outcome. Allegations that UTA provided preferential treatment to complainant, a gay man, over respondent, a straight man, was not gender biased since discrimination on the basis of “sexuality” is not “sex discrimination” for purposes of Title IX.
John Doe v. University of the Sciences, No. 19-358 (E.D. Pa. July 29, 2019)
09/23/2019Plaintiff Doe challenges University’s expulsion with an Amended Complaint, asserting the University had been motivated by gender bias and had imposed an unfair disciplinary process while investigating two claims of sexual misconduct filed by two separate complainants six days apart. The University used a single investigator to examine these two independent complaints of sexual conduct. The District Court dismissed Doe’s Amended Complaint, holding his contentions were conclusory.
Doe v. Case W. Reserve Uni., 2019 U.S. Dist. LEXIS 74520 (N.D. Ohio 2019).
07/23/2019John Doe filed suit against Case Western Reserve University for breach of contract and violations of Title IX after he was found responsible for sexual misconduct and suspended. Granting the University’s motion for summary judgment, the Northern District Court of Ohio dismissed John Doe’s breach of contract claim because he failed to specify a right in the University’s policy that was violated. Additionally, the court dismissed John Doe’s Title IX claim because he failed to demonstrate that the investigator’s dissertation about female sexual risk motivated the University’s decision to discipline Doe.
Fogel v. The University of the Arts, No. 18-5137 (E.D. Pa. Mar. 27, 2019)
06/25/2019Alleged investigative and procedural failings, coupled with allegations the University treated complaints differently depending on the gender of the parties, was sufficient to state a claim for erroneous outcome under Title IX.
Jia v. Univ. of Miami, U.S. Dist. LEXIS 23587 (S.D. Fla. Feb. 2019)
03/19/2019Plaintiff David Jia sued the University of Miami after he was found responsible for sexual misconduct and sanctioned. Plaintiff alleged several procedural errors and mounting pressure against the University to take a hard line toward male students accused of sexual assault as the basis of his Title IX claim. The complainant and a professor also made defamatory statements and leaked confidential hearing documents to the media in an effort to get Plaintiff expelled. Plaintiff brought eight claims against the University and the University subsequently filed a motion to dismiss the third amended complaint. The court dismissed Counts I, V, VI, VII, VIII and parts of Counts II and IV. Plaintiff’s Title IX claims and portions of his defamation claims survived the University’s motion to dismiss.
Doe v. Ind. Univ. – Bloomington, 2019 U.S. Dist. LEXIS 12966 (S.D. Ind. 2019)
02/26/2019Plaintiff filed a motion for preliminary injunction against Indiana University-Bloomington after he was suspended for 4 years for sexual misconduct. Plaintiff’s breach of contract claim was barred by sovereign immunity pursuant to the Eleventh Amendment. The District Court concluded that the evidence did not support a claim of gender bias under Title IX. Plaintiff’s motion was denied for failure to show likelihood of success on the merits.
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.
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