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Doe v. Univ. of the Scis.

Doe v. Univ. of the Scis.

United States Court of Appeals for the Third Circuit

March 31, 2020, Argued; May 29, 2020, Filed

No. 19-2966

Opinion

 [*205]  OPINION OF THE COURT

PORTER, Circuit Judge.

The University of the Sciences ("USciences") is a private college in Philadelphia, Pennsylvania. John Doe, a student at USciences, had completed nearly all the coursework required to earn a degree in biomedical science. Before Doe could finish his degree, two female students accused him of violating USciences's Sexual Misconduct Policy (the "Policy"). After investigating Doe, USciences concluded that he violated the Policy and expelled him.

Doe filed a lawsuit in the District Court alleging that USciences was improperly motivated by sex when it [**2]  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.

Doe's complaint contains plausible allegations supporting both claims. So we will reverse the District Court's order dismissing Doe's complaint.

USciences distributes to its students a series of policies governing disciplinary issues. These documents include the Student Handbook and the Policy, which USciences considers "companion documents." App. 191. The Student Handbook promises that USciences will "[e]ngag[e] in investigative  [*206]  inquiry and resolution of reports that are adequate, reliable, impartial, prompt, fair and equitable[.]" App. 149 (emphasis added). And the Student Handbook states that USciences will "[s]upport[ ] complainants and respondents equally[.]" Id.

The Policy specifically addresses allegations of sexual misconduct. Like the Student Handbook, the Policy makes the same promises about providing fairness to accused students. The Policy also includes substantive rules governing prohibited misconduct and procedures that outline the process [**3]  for investigating and adjudicating alleged violations of the Policy.

The Policy forbids students from engaging in "prohibited conduct." App. 123. One form of prohibited conduct is sexual assault, which "consists of sexual contact and/or sexual intercourse that occurs without affirmative consent." Id. A student gives affirmative consent "through the demonstration of clear and coherent words or actions[ ] . . . indicat[ing] permission to engage in mutually agreed-upon sexual activity." App. 124.

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961 F.3d 203 *; 2020 U.S. App. LEXIS 17123 **; 2020 WL 2786840

JOHN DOE, Appellant v. UNIVERSITY OF THE SCIENCES

Subsequent History: On remand at, Injunction denied by, Motion denied by Doe v. Univ. of the Scis., 2020 U.S. Dist. LEXIS 158684 (E.D. Pa., Sept. 1, 2020)

Related proceeding at, Magistrate's recommendation at Doe v. Univ. of Del., 2020 U.S. Dist. LEXIS 189828 (D. Del., Oct. 14, 2020)

Prior History:  [**1] On Appeal from the United States District Court for the Eastern District of Pennsylvania. (D.C. Civil No. 2-19-cv-00358). District Judge: Honorable Juan R. Sánchez.

Doe v. Univ. of the Scis., 2019 U.S. Dist. LEXIS 125592, 2019 WL 3413821 (E.D. Pa., July 29, 2019)

CORE TERMS

allegations, investigator, sexual misconduct, sex, witnesses, promises, cross-examine, Coordinator, procedural protections, sexual assault, Colleague, equitable, notice, sexual intercourse, adversary hearing, courts, credibility, discipline, accusers, breached, Appeals, parties, private university, sexual activity, confidential, disciplinary, misconduct, female, sexual

Civil Procedure, Appeals, Standards of Review, De Novo Review, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Pleadings, Complaints, Requirements for Complaint, Education Law, Gender & Sex Discrimination, Title IX, Scope of Title IX, Proof of Discrimination, Business & Corporate Compliance, Breach, Breach of Contract Actions, Elements of Contract Claims, Contracts Law, Contract Interpretation, Intent, Contract Interpretation, Student Discipline, Disciplinary Proceedings, Appeals & Reviews, Due Process