In August 2022, the First U.S. Circuit Court of Appeals reviewed a lower court decision that denied a student's motion to keep himself, and the alleged victim, anonymous in court filings. The student was expelled from the Massachusetts Institute of Technology after being accused of raping an ex-girlfriend while she slept. He then sued MIT for breach of contract.

The lower court judge stated that the student could either file under his own name or dismiss the suit. The student's attorney stated to the Court of Appeals that requiring this could discourage individuals from filing suits against other institutions because of sexual misconduct allegations. Interestingly, many attorneys for sexual misconduct victims agree with the student's request to keep both parties anonymous.

Why Anonymity is Beneficial

Most cases are conducted under the true names of the parties. It is rare for adults to use pseudonyms, though it does happen. For instance, in cases of highly sensitive national security measures, the parties can request to stay anonymous.

Anonymity provides a falsely accused defendant a way back to their life without having to fix their reputation first. Unfortunately, when students, like the MIT student above, are denied anonymity, it opens them up to harsher consequences even if the investigation into the matter reveals no wrongdoing on their part.

When Can You Be Anonymous?

According to the lower court judge and MIT's attorney, pseudonymous status has a high bar to meet. It is not a blanket rule that every individual can have just by requesting it. Instead, individuals who would like to be anonymous in a legal proceeding must prove that anonymity, in this case, serves the public's interest in confidentiality. Without anonymity, there is a risk of harm that goes beyond the reputational harm to the party.

Rule 10(a) of the Federal Rules of Civil Procedure – the rules that govern civil litigation – states that the complaint must name all the parties. In order to receive anonymity and be the exception to that rule, the court will consider several factors, including, but not limited to, the following:

• Whether litigation involves highly sensitive and personal matters
• Whether your identification poses a risk for retaliation
• Whether the lawsuit is to challenge government or private party actions
• Whether the plaintiff's identity has been kept confidential up until this point in the case

How an Attorney-Advisor Can Help

When you are falsely accused of sexual misconduct by a classmate and expelled from the university, you might also have the right to sue the university for breach of contract. But if you hope to go to civil court and remain anonymous, you will have to show how anonymity is in the best interest of not just the defendant but the public's interest in confidentiality. Working with an attorney-advisor is the best way to ensure you are able to prove your side of the story in civil court.

Attorney Joseph D. Lento and the Lento Law Firm have helped hundreds of students who have found themselves in similar situations. They have the unique position of understanding both the law and the policies and procedures at your university. If you or someone you love has been wrongly accused, Attorney Lento can help. Call 888-535-3686 today or schedule a consultation online.