Seattle Attorneys Blog
Students who experience disciplinary action resulting from Title IX allegations sometimes file their own Title IX lawsuit against the school, alleging the investigation and disciplinary process was discriminatory. In addition to Title IX claims, they may file equal protection, breach of contract, and other claims. In a recent case, school employees sought dismissal of the student’s equal protection claims with prejudice.
The plaintiff alleged he was expelled from a Nebraska university after being falsely accused of rape. He alleged the investigation and Title IX hearing were biased. He also alleged that the chair of the hearing board and the Title IX Coordinator had violated his constitutional rights by treating him differently because of sex-based discriminatory animus.
He filed § 1983 claims against the university employees in their individual capacities alleging they violated his equal protection rights. He asked for “compensatory and emotional damages.” He also sought a permanent injunction prohibiting references to the investigation in his records and a declaration the adjudication had violated his rights to equal protection.
The defendants moved to dismiss the equal protection claims. They argued the plaintiff had “fail[ed] to state a plausible equal protection claim.” They also argued the were entitled to qualified immunity. The Title IX Coordinator also argued the plaintiff had not alleged any facts that showed she was personally involved or that supported a supervisor liability claim. The defendants asked the court to dismiss the equal protection claims without prejudice.
The plaintiff conceded he had not identified a similarly situated female student, which he acknowledged was required for an Eighth Circuit equal protection claim. He agreed the claims should be dismissed, but without prejudice, to allow him to amend if he discovered a similarly situated female student before the statute of limitations expired.
The defendant argued the equal protection claims were “fundamentally flawed” and should be dismissed with prejudice. They also argued immunity issues should be resolved as early as possible. They argued qualified immunity protected them from discovery and other burdensome aspects of litigation. They also argued that the elements missing from the plaintiff’s claims were “facts uniquely within his control” and “personal knowledge.”
The court agreed qualified immunity does protect officials who act reasonably in performing their duties, but noted that interest must be balanced with the need to hold them accountable when they do not.
The court also pointed out the defendant had not asked it to make its decision after discovery but requested dismissal without prejudice to allow him to amend if he learned additional facts. The court also noted that dismissing the claims for failure to state a claim meant it was not required to address the immunity and constitutionality issues.
The court dismissed the equal protection claims without prejudices and dismissed the Title IX Coordinator and hearing chair from the case.
Expulsion or other disciplinary actions can have serious consequences for a student’s education and future. If you are facing Title IX accusations, a knowledgeable Washington Title IX defense attorney can help protect your rights and your future during the investigation and disciplinary process. Set up a consultation with Blair & Kim, PLLC by calling (206) 622-6562.