Campus Due Process Litigation Tracker

Doe v. Indiana University – Bloomington, 2019 U.S. Dist. LEXIS 12966 (S.D. Ind. Jan. 28, 2019)

School type: Public
State: Indiana
Federal Circuit: Seventh
Decision primarily favorable to: University
Stage of litigation: Motion for TRO/preliminary injunction
Keywords: Breach of contract, Title IX

Plaintiff’s motion for preliminary injunction denied.

Plaintiff, who was suspended for 4 years for sexual misconduct, brought breach of contract and Title IX claims against IU, and moved for a preliminary injunction. On the breach of contract claims, the court held that the university was likely entitled to Eleventh Amendment immunity against Plaintiff’s state law claims, so he could not show the reasonable likelihood of success on the merits necessary to warrant an injunction. With regard to his Title IX claim, the court held that he had not offered any evidence of gender bias that would suggest a likelihood of success on the merits: “John Doe’s arguments simply consist of his desire to have different or additional procedures in place to handle sexual misconduct investigations, hearings, and determinations. His arguments exhibit his disagreement with weighing evidence and making credibility determinations. However, his arguments and evidence do not show gender discrimination or bias. This is what is required for a Title IX claim.”

Plaintiff later voluntarily dismissed his complaint.