DUE PROCESS, Sealed Records: Rhodes College and Expelled Students Settle TitleIX Cases
Two Title IX lawsuits against Rhodes College brought by former male students appear to have ended in settlement agreements. Both lawsuits focused on a reported sexual assault that took place in Feb. 2019. Police notified the college and it subsequently initiated a Title IX investigation. Upon completing the investigation, Rhodes convened a Sexual Misconduct Hearing Board. The hearing found the two students responsible for non-consensual sexual penetration. The students appealed the Board’s decision, but it was affirmed by a separate appeals Board. Rhodes expelled both students. Within a week of each other, the two students, identified as John Doe and John Coe, filed lawsuits against Rhodes alleging violations of their Title IX rights. Both students argued that they were denied a fair hearing because of the panel’s failure to permit direct or cross-examination of the alleged victim. Both complaints listed what they believed to be procedural irregularities, which cast doubt on the accuracy of the outcome of the sexual misconduct hearing.
Doe had a hearing on his motion to stop Rhodes from enforcing his expulsion and to allow him to receive his degree, presuming all his remaining graduation requirements are met. On Jun 14, the Court filed an order which granted the first part of Doe’s motion. Once Doe’s expulsion was lifted, Rhodes changed his student status to “interim suspension status” based on a second misconduct allegation made against him prior to his hearing. Rhodes had previously chosen to not pursue the allegation but chose to re-initiate the process after Doe filed his lawsuit. Doe had a second hearing regarding conferring his degree on Jul. 17.
A week later, the judge issued a ruling on the matter. Unlike the first order, this one was filed under seal. On Aug. 2, Rhodes filed a joint motion to place under permanent seal all documents containing “confidential information affecting the privacy rights of Plaintiff and other persons involved in the factual events giving rise to this litigation.” The motion also asked that the Court’s first and most recent order on Doe’s preliminary injunction be permanently sealed, included associated hearing transcripts.
“It’s rare, to begin with, for opinions to be sealed in this area,” KC Johnson said. “I’ve seen cases where the entire docket was sealed due to a protective order, but the opinion wasn’t. It was the only way to see what was going on.” On Aug. 5, the Court granted the joint motion to seal. The next day, Doe notified the Court that the matter has been resolved and that both parties stipulate to dismiss the case with prejudice. “We are pleased that the matter is resolved and our client is looking forward to moving on with his life,” Doe’s attorney Brice Timmons said.
souwesternews– Rachel Heimann Mercader
