RULING: Judge Temporarily Dismisses Doe’s Case Against USC’s Title IX’s Sex Policy

Judge Michelle Williams dismissed a sexual assault lawsuit filed against USC by a male student Monday morning. The plaintiff, John Doe, demanded that the University’s sexual misconduct policy be declared unenforceable. John Doe, a USC student currently studying abroad, is accused of sexual misconduct with his ex-girlfriend in his dorm room in 2016. However, it wasn’t until September 2018 that the plaintiff was notified by USC’s Title IX office of a report accusing him of attempted sexual assault and non-consensual sexual contact.

John Doe filed his lawsuit on Feb. 21, 2019, a week after USC adopted a new sexual misconduct investigation policy. Doe complained that this policy does not adhere to the requirements set by multiple California appellate court decisions. In his lawsuit, Doe also sought to ensure that USC would no longer be able to enforce this policy against himself and other students.

According to the Los Angeles Superior Court Judge Michelle Williams, the lawsuit was premature as the plaintiff’s case was still under review by the University. Moreover, the plaintiff’s motion to strike was dismissed, whereas his demurrer was sustained, but postponed. Currently, the court proceedings have been postponed as John Doe is studying abroad.

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