A recent decision from the U.S. District Court for the District of New Jersey refused Rutgers University's motion to dismiss a lawsuit brought against it by a male student who faced discipline for Title IX misconduct. The student's lawsuit claimed that Rutgers selectively enforced its Title IX policies against the student and exhibited “anti-male gender bias” in doing so. In siding with the student, the court noted that the student had stated plausible claims against the school that should not be dismissed at what was a very early stage of the lawsuit.

It is not unusual for colleges and universities to unfairly investigate and discipline students, particularly ones who are accused of Title IX misconduct. If you are under investigation by your school for Title IX or other types of alleged misconduct, contact the Lento Law Firm's Student Defense Team at 888.535.3686 or by using our contact form to schedule a confidential consultation. Tell us about your situation, and we will explain how we can help.

The Allegations Against Student “John Doe”

The lawsuit against Rutgers was filed anonymously by a male student who was accused by the school of a number of Title IX violations, including “engaging in inappropriate touching, being disruptive and intimidating, making unwanted advances towards students, and using abusive language.” In total, four Title IX reports were filed against the male student: one by a professor, one by a fellow male student, one by a female student, and a fourth by the school itself. All of the reports were based on the male student's alleged behavior towards one female student (called “Jane Doe” in the complaint).

After an investigation, Rutgers formally charged the male student with “Dating Violence, Domestic Violence, and Stalking under Rutgers' Title IX Policy, as well as Non-Title IX Relationship Violence and Non-Title IX Stalking under Rutgers' Code of Student Conduct.”

The Hearing Against “John Doe”

The school conducted a hearing against the male student. At the close of the hearing, the school's decisionmaker ruled that the student had committed Dating Violence and Stalking but was not responsible for the other counts. Rutgers suspended the male student for two years; the student appealed to Rutgers' vice-chancellor for student affairs, who upheld the decision against the student.

“John Doe's” Lawsuit Against Rutgers

The student's next stop was federal court, where he filed a lawsuit against Rutgers alleging that the school's Title IX process was affected by “anti-male gender bias.” In particular, the lawsuit alleged:

• The school selectively enforced its Title IX policies against the male student;
• The school failed to investigate his own Title IX report against “Jane Doe” and failed to provide the male student with a list of “Supportive Measures” available to those who make such reports;
• Rutgers erroneously found that he was responsible for the alleged misconduct against “Jane Doe” and made a number of improper rulings against him during the Title IX hearing.

The court reviewed the male student's complaint and the his allegations against Rutgers and found that he had “raised a plausible inference that sex was a motivating factor in Rutgers' disciplinary process and the decision to suspend” the student. That “plausible inference” was enough to support the student's complaint against the school at what was an early stage of the lawsuit. As a result, the court denied Rutgers' motion to dismiss.

The Lento Law Firm's Student Defense Team Can Help

There is no guarantee once you've been accused of Title IX misconduct that your school will investigate the allegations against you fairly or that if it decides to file disciplinary proceedings against you, your rights will be respected. At the Lento Law Firm, our experienced student defense attorneys know how unfair and biased school disciplinary proceedings can be. We fight to protect the rights of accused students all across the country – whether they face discipline because of alleged violations of Title IX or because they're accused of some other type of misconduct.

You need the help of an experienced student defense attorney if you are facing a disciplinary investigation or proceeding at your college or university. Your continued enrollment at your school could be at risk, and your future could be derailed if your school rules against you. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys. Tell us about your case, and let us tell you about how we can help.