“DUE PROCESS CRISIS on Campus” Two Acc’d-Student Lawsuits (Grinnell & Quinnipiac) Survive Summary Judgment
Barring a settlement, sex discrimination lawsuits against Grinnell College and Quinnipiac University appear to be headed to trial after judges in each case denied the school’s motion for summary judgment on both sex discrimination and breach of contract claims. The evidence in both cases reveals a concerning disregard for fundamental fairness, one that both courts felt raised serious questions for a jury about whether these schools breached some of their most basic obligations to students.
Doe v. Grinnell College: The plaintiff in this case, John Doe, was expelled from Grinnell after two women alleged that he had nonconsensual sexual contact with them. Doe alleged that, in the course of its disciplinary proceedings, the college discriminated against him on the basis of sex in violation of Title IX. He brought his Title IX claim under an “erroneous outcome” theory, which requires him to demonstrate both that (1) there was “articulable doubt” as to the accuracy of the college’s finding and (2) that gender bias was a “motivating factor” behind the inaccuracy.
Doe v. Quinnipiac University: This case involves a romantic relationship in which both parties — the plaintiff John Doe and his ex-girlfriend Jane Roe — made allegations of intimate partner violence against each other. Doe was found responsible and punished; Jane Roe was not. The judge was particularly troubled by the fact that two Quinnipiac administrators involved in Doe’s case destroyed their investigation and hearing notes, which Doe believes contain evidence pointing to gender bias as a motivating factor in the outcome of the proceedings.
It is quite significant for a court to hold, after reviewing the evidence, that a university may have engaged in deliberate sex discrimination and breached its contract with a student. For courts to hold that in two separate cases in the span of just two days illustrates the magnitude of the due process crisis on campus right now.
thefire– Samantha Harris
