Cleared to Go to Trial: Male Student's Reverse Gender Discrimination Federal Lawsuit Under Title IX Against Quinnipiac University
District of Connecticut federal judge Janet Bond Arterton ruled on July 10, 2019 that a male student's lawsuit against Quinnipiac University ("QU") and three of its current and former employees can proceed to trial on five claims he brought against the school for allegedly violating his rights in a disciplinary matter stemming from a female student's complaint against him. The case was brought on behalf of John Doe by Duffy Law, LLC in New Haven, CT, and Lucas & Varga LLC in Southport, CT.
NEW HAVEN, Conn., July 23, 2019 /PRNewswire-PRWeb/ -- District of Connecticut federal judge Janet Bond Arterton ruled on July 10, 2019 that a male student's lawsuit against Quinnipiac University ("QU") and three of its current and former employees can proceed to trial on five claims he brought against the school for allegedly violating his rights in a disciplinary matter stemming from a female student's complaint against him. The case was brought on behalf of John Doe by Duffy Law, LLC in New Haven, CT, and Lucas & Varga LLC in Southport, CT.
John Doe's complaint alleged that the school discriminated against him because of his gender in violation of both Title IX and the school's own policies. QU's attempt to have the suit thrown out was denied, and the case will proceed to trial on two alleged claims under Title IX (Erroneous Outcome and Selective Enforcement), and three alleged claims under Connecticut state law (Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, and Reckless and Wanton Misconduct).
Doe's complaint alleges that QU's investigation was biased against him as a male, for, among other reasons, not permitting him to raise a defense, not following its own policies and procedures, and relying on a significantly biased, incomplete and flawed investigative report in making its determination which found him responsible for (i.e., guilty of) "intimate partner violence."
In her ruling on summary judgment, Judge Arterton ruled that there is sufficient evidence for a reasonable juror to conclude that QU discriminated against John Doe because of his gender on several bases, including "apparent procedural disparities" in how QU handled the investigations and hearings that led to John Doe's being disciplined by the school, and QU's "destruction of the hearing committee notes and handwritten interviews" despite knowing it was under a "litigation hold" requiring the retention of those materials.
JOHN DOE V. QUINNIPIAC UNIVERSITY, TERRI JOHNSON, SEANN KALAGHER, AND VINCENT CONTRUCCI, Case No. 3:17-cv-00364-JBA
This ruling comes as students accused of sexual misconduct on college campuses across the country increasingly have claimed that schools are violating their due process rights in such matters because of pressure the U.S. Departments of Education and Justice have placed on them to address the alarming rates of sexual assault on their campuses. Education Secretary Betsy DeVos last year announced proposed federal regulations to address the current debate regarding due process of the accused and to begin changing the Obama administration's guidelines addressing how colleges and universities should handle claims of campus sexual assault, which have received widespread notice and comment.
Click to download the ruling on summary judgment: http://www.duffylawct.com/john-doe-vs-quinnipiac-university/.
The case was brought on behalf of John Doe by Duffy Law, LLC in New Haven, CT, and Lucas & Varga LLC in Southport, CT.
Attorney Felice Duffy filed a Title IX action against the University of Connecticut as an undergraduate in 1978 to compel the funding of a women's varsity soccer team. Her success launched the UCONN women's team as a perennial powerhouse with 27 NCAA tournament appearances and seven College Cup Titles. Duffy went on to become head coach of the Yale women's soccer team for 10 years before going to Quinnipiac law school, where she graduated first in her class.
After stints at major NY and CT law firms, and two federal clerkships, Duffy became an Assistant United States Attorney in the Connecticut District and prosecuted cases in both the Violent Crimes and Major Crimes units. She also served as Outreach Coordinator for the District, and in that role trained numerous local and campus law enforcement and college athletic personnel on sexual assault prevention. She opened her own firm in 2015 focusing on Title IX and serious Conduct Code Violations, and has already represented more than 100 students and staff across the country, both accused and complainants.
Douglas Varga, of Lucas & Varga, serves as co-counsel on the case.
In addition to Title IX matters, Lucas & Varga advises and represents individuals and businesses in employment and commercial matters, including jury and non-jury trials, appeals, arbitrations and private mediations.
The entire case record is available online with a subscription to Pacer.gov or PacerMonitor.com, a Federal District Court Monitoring service, by searching for: 3:17-cv-00364-JBA.
SOURCE Duffy Law, LLC
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