Doe v. University of Arkansas - Fayetteville, No. 19-1842 (8th Cir. 2020)Annotate this Case
Plaintiff, a former student at the University, filed suit against the Board of Trustees and several university officials, claiming that they violated his rights in a disciplinary action against him. This case stemmed from another University student's accusation against plaintiff for sexual assault. After the initial decision by the Title IX coordinator finding no misconduct, the other student herself publicly criticized the University's decision. Plaintiff alleges, among other things, that the University was under pressure and fearful of sanctions from the Office for Civil Rights, so it took steps harmful to him to alleviate and lessen the scrutiny that it was attracting from the other student's media blitz and protests. The district court granted defendants' motion to dismiss.
The Eighth Circuit held that the complaint stated a claim under Title IX of the Education Amendments of 1972 that is plausible on its face. First, the allegations in the complaint support an inference that the hearing panel reached an outcome that was against the substantial weight of the evidence. Second, the panel's chosen sanctions are allegedly contrary to the ordinary disposition in cases of sexual assault by force. Third, plaintiff alleged that the University was under pressure on multiple fronts to find males responsible for sexual assault. The court held that these circumstances, taken together, are sufficient to support a plausible claim that the University discriminated against plaintiff on the basis of sex. However, the court held that plaintiff's due process claims against the University officials in their official and individual capacities were properly dismissed. Accordingly, the court reversed in part, affirmed in part, and remanded for further proceedings.