Rossley v. Drake University, No. 18-3258 (8th Cir. 2020)Annotate this Case
After Drake University and its Board of Trustees expelled plaintiff for sexually assaulting a female student, plaintiff filed suit for violations of Title IX and the Americans with Disabilities (ADA), as well as claims related to breach of contract. On appeal, plaintiff challenges the district court's grant of summary judgment on his Title IX claim based on an erroneous outcome theory, his ADA claim, and his breach of implied duty of good faith and promissory estoppel claims.
After determining that the court had jurisdiction to review plaintiff's appeal, the court held that there is no genuine dispute of material fact regarding whether being male was a motivating factor for plaintiff's expulsion from Drake; Drake's Code of Student Conduct and Policy on Sexual and Interpersonal Misconduct processes, although not equivalent to those provided in nonacademic settings, are not reflective of gender bias, either in statement or in application; the hearing panel did not reach decisions contrary to the weight of the evidence; and the pressure that was being put on Drake to investigate and adjudicate Title IX complaints by females against males does not appear to have approached that described in Doe v. University of Arkansas-Fayetteville, 974 F.3d at 865, nor was it combined with the clearly irregular investigative and adjudicative processes that were found to support a prima facie claim of sex discrimination in Doe v. Columbia University, 831 F.3d at 56-57, and in Menaker v. Hofstra University, 935 F.3d 20, 35 (2nd Cir. 2019).
The court rejected plaintiff's ADA claim and affirmed the district court's ruling that no genuine issue of material fact existed regarding plaintiff's need for accommodations. Finally, the court held that the district court did not err in granting summary judgment on plaintiff's claims for breach of implied duty of good faith and promissory estoppel. Accordingly, the court affirmed the district court's grant of summary judgment in favor of Drake and remanded with instructions to dismiss with prejudice the claims that had previously been dismissed without prejudice by stipulation.