Student claims he was wrongfully expelled from University of the Sciences after sex assault investigation

By Noddy A. Fernandez | Feb 5, 2019

PHILADELPHIA — A student is suing a university, citing alleged breach of contract, sexual discrimination and intentional infliction of emotional distress.

John Doe filed a complaint on Jan. 24 in the U.S. District Court for the Eastern District of Pennsylvania against University of the Sciences, alleging violation of Title IX of the Education Amendments of 1972.

According to the complaint, on Aug. 30, 2018, John Doe was notified by defendant through investigator Joseph Kalin that a formal investigation was being initiated into allegations of non-consensual sexual intercourse with complainants Jane Roe 1 and Jane Roe 2, pursuant to the university's Sexual Misconduct Policy. 

Plaintiff claims the formal investigation did not comply with the policy or any of the university's procedure because defendants allegedly assumed that he was guilty because he was a male accused of sexual assault rather than evaluating the case on its merits. 

As a result, plaintiff claims defendant's administrative panel decided to sanction plaintiff with expulsion, causing him to be denied of the benefits of education; damaged in academic and professional reputations; and damaged in his future career. 

The plaintiff holds University of the Sciences responsible because the defendant allegedly failed to conduct a full and fair investigation by gathering relevant physical evidence or information, disregarding character evidence.

The plaintiff requests a trial by jury and seeks judgment for compensatory and consequential damage, punitive damages, prejudgment interest, award of attorney fees, costs, and such other relief that the court deems just and proper. He is represented by Riley Ross of Mincey Fitzpatrick Ross LLC in Philadelphia.

The U.S. District Court for the Eastern District of Pennsylvania Case No. is 2:19-cv-00358-JS.

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Mincey Fitzpatrick Ross LLC U.S. District Court for the Eastern District of Pennsylvania University of the Sciences

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