BOSTON COLLEGE Fights to Suppress Doe’s Evidence. Files New Brief In $3M Lawsuit
Ahead of a hearing scheduled to take place this coming Thursday, Boston College, in the $3 million lawsuit brought by a alumnus—“John Doe”—submitted its brief in support of limiting the scope of the upcoming jury trial as much as possible. The brief provides a rebuttal to many of the requests put forward by Doe on Feb. 15.
The University is arguing that the “forensically enhanced” video that was considered exculpatory evidence by the criminal prosecutors that dropped charges against Doe for sexual assault should not be presented in court, since it was not available to the hearing board members. Since this trial is not supposed to reconsider whether Doe committed assault, but whether BC breached its contract with Doe, presenting additional evidence is not necessary, according to the brief. Doe’s lawyers have argued that the video should be considered by the jury because the hearing board declined to wait to see the enhanced video, and the video there was not considered exculpatory when BC considered Doe’s appeal of the original decision with the enhanced video. BC’s response has been that charges relating to the appeal and 2014 independent review have already been ruled in the University’s favor, rendering the context irrelevant. The University is particularly concerned with the idea that further witnesses will be called. Doe’s legal team is seeking testimony from Brett Sokolow. Sokolow makes arguments related to Title IX guidelines BC allegedly violated, but the University is arguing that since such matters were ruled on by Casper’s summary judgement Sokolow’s testimony shouldn’t be considered.
Doe originally brought six claims against BC, four of which Casper and the Appeals Court ruled in favor of BC via summary judgement. Those included Title IX gender-bias related claims, negligence, and negligent infliction of emotional distress. Only the breach-of-contract and basic fairness claims need to be decided during the jury trial, but according to Sokolow’s testimony, improper execution of Title IX guidelines and gender bias are tied to the breach-of-contract and basic fairness claims.
bcheights.com -Jack Goldman
