Doe v. University of Denver, No. 18-1162 (10th Cir. 2020)Annotate this Case
Plaintiff John Doe asserted that the disciplinary proceeding brought against him by Defendants, the University of Denver (“DU”) along with several University employees, violated his rights under the Fourteenth Amendment’s Due Process Clause and under Title IX. The court granted summary judgment to Defendants on the Fourteenth Amendment claim because Plaintiff had failed to show that DU, a private school, was a state actor. The court also granted Defendants summary judgment on the Title IX claim, concluding that Plaintiff had adduced insufficient evidence of gender bias. Plaintiff enrolled as a freshman at DU in 2014. In October 2014, Plaintiff had a sexual encounter with Jane Doe, a female freshman, in his dorm room. Six months later, Jane’s boyfriend reported the encounter as an alleged sexual assault to a DU resident director. The resident director then spoke with Jane, who repeated the allegations and later filed with DU’s Office of Equal Opportunity a complaint of non-consensual sexual contact. Under DU’s policies, a student’s non-consensual sexual contact with another was a policy violation. Prohibited sexual contact includes contact by “coercion,” which the policy defined as “unreasonable and persistent pressure to compel another individual to initiate or continue sexual activity against an individual’s will,” such as “continued pressure” after “someone makes clear that they do not want to engage in sexual contact.” Two of the named defendants investigated the claims; the outcome of the investigation ultimately led to Plaintiff’s expulsion. The district court concluded that Plaintiff had failed to adduce sufficient evidence to raise a genuine dispute that gender was a motivating factor in DU’s decision to expel him. Finding no reversible error in the district court’s judgment, the Tenth Circuit Court of Appeals affirmed.