GOOD NEWS. Judge Overturns Student’s Boston College Suspension Amid Title IX Lawsuit

A Boston College student had his suspension for an alleged sexual misconduct incident temporarily overturned by a federal judge. The student, “John Doe”  filed a civil suit against the University on July 29 in which he alleged that he was deprived of a fair process during BC’s disciplinary proceedings involving him this spring.

This appears to be the first time a court has overturned a suspension issued by the University. The court order says that Doe should be allowed, “without limitation” to register for classes this fall. Doe will also be allowed to participate fully in all University activities.  K.C. Johnson, a professor at Brooklyn College who chronicles Title IX litigation, described the wording used in the judge’s order as “unusually strong” compared to other similar injunctions.

Presiding Judge Douglas P. Woodlock ruled that Doe’s suspension should be lifted due, in part, to the “substantial likelihood that John Doe will succeed on his claims that he was deprived of fair process” during the University’s disciplinary process. The judge wrote that Doe would suffer “irrevocable harm” if the suspension was not lifted before the fall semester began.  Johnson said that this is the 18th time in eight years that a preliminary injunction has resulted in the stay of a student’s suspension since the Obama administration issued a Dear Colleague letter in 2011 that redefined the role college disciplinary boards should take in regard to potential Title IX and sexual misconduct violations.

bcheights-Jack Goldman

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