Doe v. Purdue University

Federal 7th Circuit Court
Civil Court
Due Process
Citation
Case Number: 
No. 17-3565
Decision Date: 
June 28, 2019
Federal District: 
N.D. Ind., Hammond Div.
Holding: 
Reversed and remanded

 

Dist. Ct. erred in dismissing for failure to state cause of action plaintiff-university student’s section 1983 action alleging that defendants-university and university officials violated his due process rights by suspending him, which resulted in loss of Navy ROTC scholarship, after finding that he was guilty of sexual violence against female student, where defendants used unfair procedures to obtain guilty finding. Plaintiff adequately alleged that university deprived him of protected liberty interest to pursue naval occupation, and that university used unfair procedures when determining his guilt, where: (1) university did not disclose its evidence to plaintiff; (2) two of three panel members admitted to not reading investigation report; and (3) decision-makers found that accuser was more credible without speaking to accuser and without accuser supplying sworn statement regarding her claim of sexual misconduct. However, university officials could properly assert qualified immunity with respect to plaintiff’s individual capacity claims, but plaintiff could proceed against said officials on his official capacity claims seeking injunctive relief to obtain reinstatement and expungement of instant guilty finding. Plaintiff also adequately alleged Title IX claim, where he asserted that university discriminated against him on account of his gender, where plaintiff claimed that university had financial motive to find him and other males guilty of sexual assault.