LAWSUIT UPDATE: Boston College Gets Jury Trial Date Since BC Refuses to Expunge Doe’s Record
The pending lawsuit against Boston College has had a jury trial date and pretrial hearing date set. The trial is set for April 22, 2019, while a pretrial hearing to hash out the scope of the case has been set for March 7, 2019, according to a new joint proposal filed by both sides. It is the first jury trial of a due process suit filed after the Obama administration reinterpreted Title IX doctrine in 2011. The pretrial hearing will cover the “significant differences” the two parties need to resolve in front of Judge Denise Casper. The amount of witness testimony, expert witness testimony, and exactly what damages the University could be liable for will be set during the hearing. The scope of the case will primarily surround whether the lawsuit will center around only the breach of contract violation or go beyond that issue. Specifically, basic fairness claims the plaintiff has made will be up for debate. The University argued that no basic fairness claims should be up for review. In the past, both sides have cited the plaintiff’s request for expungement of his record as a primary issue preventing a settlement between the two parties. BC has said expungement of the disciplinary record is a nonstarter in regard to settlement negotiations, while the plaintiff has cited expungement as the most important element of his requested damages. The plaintiff has also asked for $3 million in reparations.
bcheights By Jack Goldman
