BAD RULING: Expelled USciences Student Loses Title IX Lawsuit Over Biased Investigation, Expulsion
A federal judge has dismissed a lawsuit filed by a former University of the Sciences student who claimed his expulsion was the result of a biased university investigation into his sexual encounters with two women. In a July 29 ruling, U.S. District Chief Judge Juan R. Sanchez of the Eastern District of Pennsylvania granted the University of the Sciences’ motion to dismiss the John Doe complaint filed by the expelled student.
“None of Doe’s five conclusory allegations suffices to cast doubt upon the outcome of the disciplinary process…Sanchez continued: “Doe similarly fails to explain why the university’s appeals process, the special procedures applicable to sexual assault allegations, and his inability to cross-examine Roes 1 & 2—despite his having been interviewed twice by the investigator and suggesting seven separate witnesses in his defense—possibly tainted the outcome of the process here. At most, Doe has compiled a list of generalized complaints about the university’s disciplinary process unmoored from any actual impact on the accuracy of his specific process.”
The case involves two female students accusing John Doe. Doe claims everything was consensual. His encounter with the first woman took place in 2017, and the encounter with the second woman was in 2018. The two women were sorority sisters. Doe alleged that the university violated its own policies by failing to interview witnesses who would have been helpful to his defense, and by not questioning inconsistencies in witness statements that were favorable to the women accusing him of sexual misconduct. The complaint also alleged that the university encouraged the first accuser to tell others about her complaint “in an effort to find other women willing to make a complaint against John.” Doe was expelled. He appealed the expulsion, but his appeal was denied.
Doe’s attorney, Riley Ross said of the ruling, “We respectfully disagree with the court’s decision. John Doe and his family are currently considering whether to appeal the decision.”
law.com-P.J. D’Annunzio
