Doe v. University of the Sciences, No. 19-2966 (3d Cir. 2020)Annotate this Case
Doe, a student at USciences, a private Philadelphia college, had completed nearly all the coursework required to earn a degree in biomedical science when two female students accused him of violating USciences’s Sexual Misconduct Policy. After investigating, USciences concluded that Doe violated the Policy and expelled him. Doe filed suit, alleging that USciences was improperly motivated by sex when it investigated and enforced the Policy against him. Doe also asserted that USciences breached its contract with him by failing to provide him the fairness promised to students under the Policy. The district court dismissed Doe’s complaint.
The Third Circuit reversed. Doe’s complaint contains plausible allegations that USciences, in its implementation and enforcement of the Policy, succumbed to pressure from the U.S. Department of Education and has “instituted solutions to sexual violence against women that abrogate the civil rights of men and treat men differently than women.” Doe claimed the school investigated him but chose not to investigate three female students who allegedly violated the Policy with respect to alcohol consumption and sex. The court analyzed the Policy’s promise of “fairness,” an undefined term, by examining federal guarantees and state case law.