Van Overdam v. Texas A & M Univ, No. 21-20185 (5th Cir. 2022)
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In response to sexual abuse allegations by another student, a Texas A&M panel found Plaintiff responsible for violating Texas A&M’s policy. Plaintiff sued Texas A&M and several university administrators for sex discrimination under Title IX and deprivation of constitutional due process under 42 U.S.C. Section 1983. The district court ultimately granted Defendants’ motion to dismiss Plaintiff’s Title IX erroneous outcome and 1983 due process claims. Thus, only Plaintiff’s Title IX selective enforcement claim was allowed to proceed. Plaintiff filed a motion for reconsideration, which the district court denied. The district court then certified its rulings for interlocutory appeal on the grounds that they turn on two controlling questions of law.
The Fifth Circuit affirmed the district court’s ruling and concluded that Texas A&M did not violate Plaintiff’s due process rights. The court explained that Plaintiff received advanced notice of the allegations against him. He was permitted to call witnesses and submit relevant, non-harassing evidence of his innocence to a neutral panel of administrators. He was represented by counsel throughout the entirety of his disciplinary proceeding. He had the benefit of listening to the accuser’s description of the allegations directly. And he and his attorney had the opportunity to submit an unlimited number of questions to the disciplinary panel.
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