A student pursuing a claim against their school based on disciplinary action arising from a Title IX complaint may also seek a temporary restraining order or injunction to stop a suspension or expulsion while their case is pending. A student recently sought to enjoin a suspension.
The medical student filed suit against his private New York medical school after he was suspended for 20 months following a finding he was responsible for sexual misconduct. He alleged that the school’s adjudication of the complaint violated Title IX and New York City Human Rights laws. He also made a breach of contract claim. He moved for a temporary restraining order and preliminary injunction to enjoin the suspension and reinstate him.
According to the court’s opinion, the plaintiff and the complainant, identified by the court as Jane Roe, were both students at the school. After the graduation formal, several people went to the plaintiff’s apartment on campus. Jane Roe asked to spend the night because she was intoxicated. The plaintiff gave her a blanket and pillow and offered her the couch.