BOSTON COLLEGE Wants to Avoid Jury Trial for Dean Telling TitleIX Adjudicators How to Rule
When the 1st U.S. Circuit Court of Appeals overturned a trial court’s summary judgment in favor of Boston College in a lawsuit brought by a student accused of sexual assault, it sent the case back to trial court. Recently, a joint statement was filed by the two parties in an ongoing lawsuit brought by an alumnus against Boston College alleging that the University mishandled sexual assault charges levied at him. The filing was made in response to an order by Judge Denise Casper for the parties to propose how they wanted to proceed. In a joint filing, the parties stated their disagreement over whether a jury or judge should decide whether the college breached its contract with “John Doe” and violated “basic fairness” in his adjudication. Doe argues in the joint filing, that the 1st Circuit expressly permitted him a jury by saying a “reasonable jury could” and “should” resolve the factual issues around the directives of Chebator and Hughes. It also remanded for trial his claim that the university violated basic fairness in both Doe’s 2012 and 2014 disciplinary proceedings.
The college argues that the 1st Circuit ruling only found its 2012 proceeding against Doe problematic, so “all that remains to be tried on liability is the question whether” the statements by Chebator and Hughes constituted “improper interference” with the 2012 proceedings. This means that the parties should get a “bench trial” where the judge makes the finding… Doe was accused of groping a female student on a crowded dance floor on a cruise ship. The college refused to wait for a completed analysis of forensic evidence that Doe said would clear him, including “swab tests” and surveillance video from the ship. The state dropped charges against Doe a year and a half after Boston College denied his appeal.
thecollegefix.com By Greg Piper
