Cavalier v. Catholic University of America, Civil Action No. 16-2009 (RDM), 2021 U.S. Dist. LEXIS 6000 (D.D.C. Jan. 12, 2021)
01/19/2021Student’s deliberate indifference claim survives summary judgment because a reasonable juror could find the university’s failure to consider the issue of incapacitation clearly unreasonable under the circumstances. Student’s negligent infliction of emotional distress claim failed because she could not show that the university undertook an affirmative duty to conduct the investigation in a reasonable manner.CATEGORY : Selective Enforcement
Foster v. Board of Regents, Docket No. 19-1314, 2020 U.S. App. LEXIS 38857 (6th Cir. Dec. 11, 2020)
12/22/2020Rehearing en banc, the Sixth Circuit affirmed summary judgment in favor of the University of Michigan, finding that the University was not deliberately indifferent to Plaintiff’s complaints of sexual harassment. The University took proactive measures to protect the Plaintiff and ratcheted up protections for Plaintiff after each new violation by the Respondent.CATEGORY : Selective Enforcement
Doe v. Syracuse University, No. 5:17-cv-00787-TJM-ATB (N.D.N.Y. Apr. 30, 2020)
05/12/2020John Doe’s selective enforcement claim will proceed to trial after the Court denies both parties’ motions for summary judgment on the issue. It will be up to the jury to decide whether John was incapacitated and if Syracuse’s decision not to open an investigation into Jane’s potential misconduct was motivated by gender bias. John’s erroneous outcome claim was dismissed because there was insufficient evidence to show gender bias motivated Syracuse’s findings against John.
Harnois v. University of Massachusetts at Dartmouth, No. 19-10705-RGS (D.Mass. Oct. 28, 2019)
10/30/2019Former graduate student brought suit against UMass Dartmouth for Title IX and due process violations stemming from a Title IX investigation that ultimately found insufficient evidence to hold him responsible. Student’s main claims survived UMass Dartmouth’s motion to dismiss.
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