SIXTH Circuit: Hearing Panel’s Decision May Itself Be Evidence Of Sex Bias In Title IX case
Generally speaking, you know a court opinion about due process on campus is going to be good when it starts off with a lofty paean to the core values undergirding our justice system. So it was with a decision of the U.S. Court of Appeals for the Sixth Circuit, which earlier this week reversed a district court’s decision to dismiss a sex discrimination case brought by a student expelled for sexual misconduct:
“Any number of federal constitutional and statutory provisions reflect the proposition that, in this country, we determine guilt or innocence individually—rather than collectively, based on one’s identification with some demographic group. That principle has not always been perfectly realized in our Nation’s history, but as judges it is one that we take an oath to enforce.”
That set the tone for the court’s decision in Doe v. Oberlin College, brought by John Doe who was expelled for sexual misconduct in a proceeding that he alleged was tainted by gender bias. Doe, who was represented by Chris Muha of KaiserDillon PLLC, alleged a number of serious procedural irregularities in the investigation and adjudication of his case. Doe also alleged that he did not learn the substance of the allegation until the investigative report was issued, four months after the filing of the complaint; that the advisor provided to him by the college left the hearing early and later retweeted a comment about believing all survivors; and that the panel found him responsible despite the fact that Jane Roe’s testimony was inconsistent with her allegation that she was incapacitated. Doe’s appeal was also denied despite the fact that a new witness came forward to say that he knew Jane Roe had given false testimony at the hearing about Doe’s alleged use of force.
Doe brought a Title IX sex discrimination claim against Oberlin stemming from the disciplinary proceeding. Under the widely accepted framework set forth by the Second Circuit in Yusuf v. Vassar College, “[p]laintiffs attacking a university disciplinary proceeding on grounds of gender bias” can do so under an “erroneous outcome” or a “selective enforcement” theory. Doe brought an erroneous outcome claim, which requires a plaintiff to plead facts (1) casting articulable doubt on the outcome of a disciplinary proceeding and (2) connecting the outcome of the proceeding to gender bias.
In March of last year, the U.S. District Court for the Northern District of Ohio dismissed Doe’s Title IX claim, holding that although he had cast articulable doubt on the outcome of the proceeding, he had not tied that outcome to gender bias. The district court rejected Doe’s argument that some of the Title IX coordinator’s statements about the goals of Oberlin’s policy suggested gender bias. Earlier this week, the Sixth Circuit reversed the dismissal of Doe’s Title IX claim. In its ruling, the court considered not only Doe’s allegations of gender bias (which were substantial), but also the substance of the hearing panel’s decision in Doe’s case.
Along with the Third Circuit’s recent decision in Doe v. University of the Sciences, this decision represents a huge step forward for private university students seeking relief from unfair disciplinary proceedings. While public university students have constitutional due process rights, the path has been much harder for private university students, since courts have historically been reluctant to interfere in the inner workings of campus disciplinary proceedings.
thefire.org– Samantha Harris dailywire.com-Ashe Schow
