“Fourth and finally, the Appeals Panel addressed newly-discovered text messages between Ms. Roe and A.C. According to the texts, A.C. had no recollection of talking to Ms. Roe either during the Uber ride or in the bathroom of the dorm after Ms. Roe returned. Without explanation, the Appeals Panel found that this evidence “generally corroborate[d]” Ms. Roe’s statements that she had spoken with someone on the phone during the Uber ride and that she had spoken to A.C. about the assault when she got back to the dorm. This conclusion is divorced from the evidence and not explained by GW. To put a finer point on the matter, the Code required two determinations: (1) Ms. Roe did not have the capacity to consent; and (2) Mr. Doe should reasonably have known that she was incapacitated. The Appeals Panel was presented with direct contradictions in the evidence and appears to have strained to overlook such contradictions, leaving no trail of reasoning.” Judge Collyer
“GW’s Motion to Dismiss will be granted in part and denied in part. Mr. Doe’s claims for disparate treatment under Title IX and the DCHRA and his claim for breach of contract due to denial of his appeal will be allowed to proceed to discovery. All other claims will be dismissed.” Judge Collyer
Doe v GW: Judge’s Opionion
