Doe v. Brandeis Univ.

3 Analyses of this case by attorneys

  1. What’s “Fair” in Private University Sexual Misconduct Proceedings?

    Locke Lord LLPTaylor BrinkmanJanuary 6, 2020

    Johnson & Wales is merely one of many cases filed by accused students in the last five years alleging that the university failed to provide a fair or impartial disciplinary proceeding. See, e.g., Doe v. Trs. of Boston Coll., --- F.3d ----, 2019 WL 6167461 (1st Cir. Nov. 20, 2019); Doe v. Columbia Coll. Chi., 933 F.3d 849, 858 (7th Cir. 2019); Doe v. Vanderbilt Univ., 2019 WL 4748310 (M.D. Tenn. Sept. 30, 2019); Doe v. Tr. of the Univ. of Penn., 270 F. Supp. 3d 799, 813 (E.D. Pa. 2017); Doe v. Brandeis Univ., 177 F. Supp. 3d 561, 601–607 (D. Mass. 2016).Second, breach of contract claims will likely be the focus of that litigation.

  2. DOE Issues New Title IX Interim Guidance

    Foley Hoag LLPDean RichlinOctober 17, 2017

    For example, courts have found:Fairness to the accused is denied when the university applies a standard of proof for a sexual assault case that is less stringent than the standard used for other disciplinary cases, an issue the interim guidance explicitly addresses, citing to a recent federal case. Doe v. Brandeis 177 F.Supp.3d 561 (D. Mass. 2016).Fairness to the accused requires institutions to extend the same rights and opportunities to both parties, including when collecting and presenting evidence. See Doe v. Amherst Coll., 2017 U.S. Dist. LEXIS 28327 (D. Mass. Feb. 28, 2017); Neal v. Colo. State University-Pueblo, 2017 U.S. Dist. LEXIS 22196 (D. Colo. Feb. 16, 2017).Allegations that public pressure and criticism of institutions’ handling of sexual assault cases may be sufficient to plausibly infer—at least at the motion to dismiss stage—that the institution was biased in favor of the alleged victim.

  3. DOE Issues New Title IX Interim Guidance

    Foley Hoag LLPDean RichlinOctober 12, 2017

    For example, courts have found: Fairness to the accused is denied when the university applies a standard of proof for a sexual assault case that is less stringent than the standard used for other disciplinary cases, an issue the interim guidance explicitly addresses, citing to a recent federal case. Doe v. Brandeis 177 F.Supp.3d 561 (D. Mass. 2016). Fairness to the accused requires institutions to extend the same rights and opportunities to both parties, including when collecting and presenting evidence.