Dist. Ct. did not err in dismissing for failure to state valid claim, plaintiff-student’s Title IX gender discrimination claim, as well as breach of contract, promissory estoppel, negligent infliction of emotional distress and negligence claims arising out of defendant-University’s investigation of sexual harassment claim lodged by fellow student against plaintiff, which resulted in panel’s finding that some of student’s allegations were proven by preponderance of evidence and in plaintiff’s suspension for academic year. While plaintiff alleged that defendant’s attempt to comport with 2011 letter from Dept. of Education regarding sexual violence at educational institutions demonstrated anti-male bias, plaintiff failed to allege facts indicating how letter played role in investigation of student‘s claims, where plaintiff was provided with opportunity to review investigation materials, to present favorable evidence and to present questions to be asked of his accuser on cross-examination. As such, plaintiff failed to allege allegations that defendant denied him of educational benefit because of his sex. Also, Dist. Ct. could properly reject plaintiff’s allegations that defendant created hostile environment based on his sex, even though plaintiff alleged that other students punched him and posted on social media accusations that he was rapist and predator, where said acts were not based on his gender, but rather on belief that he had raped someone.
Federal 7th Circuit Court