Campus Due Process Litigation Tracker

Doe v. DiStefano, 2019 U.S. Dist. LEXIS 44298 (D. Colo. Mar. 19, 2019)

School type: Public
State: Colorado
Federal Circuit: Ninth
Decision primarily favorable to: University
Stage of litigation: Motion to dismiss
Keywords: Breach of contract

University’s partial motion to dismiss granted.

On the breach of contract claim, Plaintiff could not point to any specific provision in the handbook that the university violated, and general statements promising fairness are too vague to be enforceable. Also, an express disclaimer stating that a handbook does not constitute a contract can undo the presumption of a contract.