Yu v. Vassar College, No. 1:2013cv04373 - Document 106 (S.D.N.Y. 2015)

Court Description: OPINION AND ORDER re: 54 MOTION for Summary Judgment . filed by Vassar College. A thriving public debate is ongoing as to how colleges should support student victims of sexual assault while still assuring fairness to those who are acc used of such conduct. Some have suggested that universities need to do more to encourage victims to report sexual misconduct and to ensure their physical and psychological safety during the investigation and hearing process. Others have assailed cert ain schools' policies as unfair and one-sided. The Court's role in a Title IX action such as this one, however, is limited to determining whether gender bias was a motivating factor behind an either erroneous outcome or unduly severe penalt y. On the facts of this case, Peter Yu is unable to establish a genuine issue as to whether Vassar's determination that he sexually assaulted a fellow student and his subsequent expulsion were borne out of gender bias, or whether Vassar otherwis e violated state law. Accordingly, Vassar's motion for summary judgment is granted and the case is dismissed. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt No. 54, and to close this case. SO ORDERED. (See Order.) (Signed by Judge Ronnie Abrams on 3/31/2015) (ajs)