Campus Due Process Litigation Tracker

Doe v. University of Dayton, 2019 Fed. Appx. 275 (6th Cir. Mar. 15, 2019)

School type: Private
State: Ohio
Federal Circuit: First
Decision primarily favorable to: University
Stage of litigation: Motion to dismiss
Keywords: Biased statements, Breach of contract, Erroneous outcome, Title IX

The court affirmed the lower court’s dismissal of Plaintiff’s Title IX, breach of contract, and tort claims. On his Title IX erroneous-outcome claim, the court found that Plaintiff did not point to sufficient particularized evidence of gender bias to plead a claim for erroneous outcome. He did cite one statement by a hearing board member from years prior supporting the campus-sexual-assault documentary The Hunting Ground, but the court found it insufficient because it was an isolated comment made “at substantial temporal remove” from the instant case.

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.