JUDGE RULES: Lawsuit Against Boston College Going to Jury Trial
Judge Denise Casper has ordered the breach of contract lawsuit pending against Boston College to a jury trial. Breach of contract and basic fairness claims made by the plaintiff, who claims BC mishandled his case when he was accused of sexual assault, will be considered during the trial. It is the first breach of contract lawsuit to go to jury trial after the “Dear Colleague” letter was issued in 2011 by the Obama administration that redefined Title IX guidelines. It is the second due process lawsuit to go to a jury trial: In 2011—eight months after the Obama letter was issued—the University of the South went to trial with a plaintiff identified only as “John Doe.” Doe won $26,500 of a requested $5.5 million on a fairness of process argument. Charles Wayne, one of the lawyers who argued on behalf of the plaintiff against the University of the South, is arguing the case on behalf of the plaintiff in the lawsuit against BC. The plaintiff is seeking expungement of his disciplinary record and $3 million in damages.
bcheights.com By Jack Goldman
