Campus Due Process Litigation Tracker

Doe v. Rensselaer Polytechnic Institute, 2019 U.S. Dist. LEXIS 5396 (N.D.N.Y. Jan. 11, 2019)

School type: Private
State: New York
Federal Circuit: Second
Decision primarily favorable to: University
Stage of litigation: Motion for TRO/preliminary injunction
Keywords: Title IX

Plaintiff unsuccessfully sought a preliminary injunction on his Title IX and state-law claims against RPI stemming from sexual misconduct allegations against him at the university.

Although the university’s investigators found it more likely than not that he violated the policy, Plaintiff contested that finding and requested a hearing, which the university had yet to hold (in part because of a court-ordered TRO that only expired on 12/18/18). Because no disciplinary action has been taken yet, the court found that Plaintiff would not suffer irreparable harm in the absence of an injunction:

Although Plaintiff alleges that it is a foregone conclusion that a hearing will result in his suspension/expulsion if the hearing takes place before the proposed new Title IX regulations regarding cross-examination become effective, this is mere speculation; and Plaintiff has not offered any facts that would support such a conclusion.

The student voluntarily dismissed his complaint.