Seattle Attorneys Blog
Students who file suit against their school based on a Title IX investigation and disciplinary proceedings may wish to protect their identity to try to prevent additional reputational harm. A federal court in Nebraska recently allowed an accused student to proceed with his lawsuit under the pseudonym “John Doe.”
The plaintiff moved to proceed under a pseudonym in a case in which he alleged Title IX violations, in addition to violations of his due process and equal protection rights. According to the court’s order, the plaintiff alleged a false accusation of sexual assault by a former romantic partner had been unfairly and inadequately investigated by the public university they both attended in Nebraska.
The court acknowledged that courts generally disfavor the use of pseudonyms, but they may be used in the Eighth Circuit when “the party’s need for anonymity outweighs countervailing interest in full disclosure. Cajune v. Indep. Sch. Dist. 194. The Eighth Circuit identified a number of factors weighing in favor of and against allowing anonymity. Factors favoring anonymity include whether the party is challenging government activity, whether the information is of a “sensitive and highly personal nature,” whether the party would be required to incriminate themselves at risk of criminal prosecution if not allowed to proceed anonymously, and whether there is a “danger of retaliation.” Factors against allowing anonymity include “fundamental unfairness to the defendant, whether requiring disclosure of the party’s identity would further public interest, and whether there are other ways to protect the party’s confidentiality. Cajune v. Indep. Sch. Dist. 194.
After applying the factors to the plaintiff’s complaint, the court found it was appropriate to allow him to proceed under a pseudonym against the accuser, who was also identified by a pseudonym. The court noted the allegations in the complaint included detailed information about their intimate relationship and what the plaintiff alleged was a false allegation of sexual assault. The court noted the information constituted “matters of a sensitive and highly personal nature,” a factor in favor of allowing a pseudonym. The court also noted that the allegation of sexual assault could lead to retaliation or other harm to both parties. Additionally, the court determined that the defendants would not be prejudiced if the plaintiff and the accuser proceeded anonymously because the defendants would know their identities due to the nature of the allegations.
The court granted the plaintiff’s motion and allowed him to proceed as “John Doe” against the defendant “Jane Roe.” The court acknowledged it was entering the order before the defendants were served and stated it would be subject to reconsideration on the defendants’ request.
Whether a particular plaintiff will be allowed to litigate under a fictitious name will depend on the facts of the case, as well as the jurisdiction. Different factors are considered in different jurisdictions. If you have been accused of sexual harassment or other sexual misconduct at school, you should consult a knowledgeable Washington Title IX defense attorney right away. Protecting your rights during the investigation and any disciplinary proceedings may help you avoid future litigation. Set up a consultation with Blair & Kim, PLLC, by calling our office at (206) 622-6562.