Yusuf v. Vassar College

• Decision Date: 15 September 1994
• Docket Number: D,No. 874,874
• Citation: 35 F.3d 709
• Parties: , 94 Ed. Law Rep. 699 Syed Saifuddin YUSUF, Plaintiff-Appellant, v. VASSAR COLLEGE, Defendant-Appellee. ocket 93-7519.
• Court: U.S. Court of Appeals — Second Circuit

Page 709

35 F.3d 709

63 USLW 2210, 94 Ed. Law Rep. 699

Syed Saifuddin YUSUF, Plaintiff-Appellant, v. VASSAR COLLEGE, Defendant-Appellee.

No. 874, Docket 93-7519.

United States Court of Appeals, Second Circuit.

Submitted Dec. 22, 1993.

Decided Sept. 15, 1994.

Ronald L. Wilson, New Orleans, LA, for plaintiff-appellant.

Maurice F. Curran, John M. Donoghue, Anderson, Banks, Curran & Donoghue, Mount Kisco, NY, for defendant-appellee.

Before: WINTER and McLAUGHLIN, Circuit Judges. ^*

WINTER, Circuit Judge:

This appeal raises important questions as to when college disciplinary proceedings violate federal laws against gender discrimination. Syed Saifuddin Yusuf appeals from Judge Duffy's dismissal of his complaint, which allegedly arose out of a series of events that occurred in February and March 1992 while he was a student at Vassar College. Yusuf alleges that his roommate, James Weisman, brutally attacked him. Yusuf alleges that when he pursued a criminal prosecution against Weisman, Weisman's girlfriend, Tina Kapur, retaliated against him by bringing false sexual harassment charges. These charges were heard by the College Regulations Panel, which imposed a one-term suspension on Yusuf. Yusuf claims, inter alia, that his being found guilty of the sexual harassment charge and his receiving a stiffer penalty for harassing Kapur than Weisman received for his battery were acts of race and gender discrimination in violation of, respectively 42 U.S.C. Sec. 1981 (Supp. IV 1992), and Title IX of the Education Amendments of 1972, 20 U.S.C. Secs. 1681-88 (1988).

The district court dismissed Yusuf's federal claims pursuant to Fed.R.Civ.P. 12(b)(6) on the ground that both failed to state a claim upon which relief can be granted. It then exercised its discretion not to retain Yusuf's supplemental state law claims alleging breach of an implied contract and the intentional infliction of emotional distress. Yusuf v. Vassar College, 827 F.Supp. 952, 957 (S.D.N.Y.1993). We affirm the district court's dismissal of Yusuf's Section 1981 claim. However, we reverse the district court's dismissal of Yusuf's Title IX claim and reinstate Yusuf's supplemental state law claims.

BACKGROUND

Yusuf's complaint, the allegations of which we must assume to be true for the purposes of this appeal, alleges as follows. Yusuf, a Bengali male, enrolled at Vassar College, an institution that receives Federal financial assistance, in Fall, 1989. Yusuf's performance Yusuf's roommate at pertinent times was James Weisman, a Caucasian student. On February 11, 1992, Weisman, who was inebriated, physically attacked Yusuf "without any reason, provocation or justification." The attack left Yusuf unconscious, with a blackened right eye, swollen jaw, and bruises. The injuries required treatment at a nearby hospital, where Yusuf incurred roughly $700 in medical expenses.

and behavior at Vassar were "exemplary" until February 1992.

Weisman was subsequently arrested by the Poughkeepsie Police Department and charged with the crimes of battery, intoxication, and falsification of identification. The matter was also brought to the college's attention and the College Regulations Panel scheduled a hearing for February 17, 1992. Prior to the hearing, both Weisman and his girlfriend, Tina Kapur, sought to dissuade Yusuf from pressing charges with either the local authorities or college officials. Yusuf offered to drop all charges in return for Weisman's agreement to pay Yusuf's medical expenses, and Weisman initially agreed to this arrangement. However, Weisman later equivocated, and Yusuf refused to drop the charges.

When Yusuf testified against Weisman at the College Regulations Panel hearing, he was not questioned about the alleged assault and battery, but instead about his relationship with Kapur. The questions included: "Would you say that your relationship with Tina was abusive?" and "Were you and Tina ever sexually involved?" The panel members, all of whom were Caucasian and two of whom were friends of Weisman's and Kapur's, found Weisman guilty of the charges against him but gave him only a "suspended suspension" for the Spring 1992 semester. This disposition allowed Weisman to remain enrolled at Vassar and to complete the requirements for his expected graduation at the close of the semester.

On February 24, 1992, the day before Weisman was to appear in court on charges stemming from the attack on Yusuf, Yusuf heard that Kapur was considering filing sexual harassment charges against him. By letter dated April 8, 1992, Yusuf was informed that Kapur had filed such harassment charges with the college. The letter did not inform Yusuf of the basis or details of the charges but instead merely instructed him to appear at a hearing on the charges on April 13, 1992 at 5:00 p.m.

On April 9, 1992, Yusuf met with Faith Nichols, a college administrator and the Chair of the College Regulations Panel. Yusuf was permitted to see, but not photocopy, a statement submitted by Kapur. Yusuf then submitted to Nichols a list of twelve witnesses he wished to call at the hearing. Nichols, however, told Yusuf that twelve witnesses were too many and reduced the list to seven, deleting several key witnesses in the process.

Yusuf's difficulties in presenting his defense were compounded by the fact that his "most crucial" witness, Omar Salaam, was away from campus and could not be present for the hearing. Yusuf offered a statement from Salaam totally discrediting Kapur's testimony. Nichols, however, advised Yusuf that the statement would not be permitted because it could not be subjected to cross-examination.

The disciplinary hearing was held on April 13, 1992. At the outset of the hearing, Nichols announced that it would end at 9:00 p.m. Several of the members of the panel had also served in that capacity at the Weisman disciplinary hearing. At the hearing, Kapur testified that Yusuf had sexually harassed her on two occasions. The complaint does not elaborate on the nature of these incidents. She was unable, however, to identify the dates, other than that they occurred sometime during the month of December 1991. When Yusuf asked Kapur to be more specific about the dates of the incidents, Nichols admonished him: "We are not concerned with when the event occurred, only whether it could have occurred." The panel then settled on December 10, 1991 as the date of one of the incidents. Yusuf attempted to introduce records showing that he was confined to the college infirmary on that day with diarrhea in an attempt to prove that he was either absent or was too weak to perform the acts of which he stood accused. The panel On April 14, 1992, the panel found that Yusuf had sexually harassed Kapur, and disciplined Yusuf by i) banning him from Main Hall, ii) giving him a suspended suspension for the remainder of the Spring 1992 semester, and iii) suspending him from May 20, 1992 until Spring semester, 1993. On April 15, Yusuf and a friend met with Nichols to discuss the hearing's outcome. Nichols told Yusuf: "The panel did not believe you. You see, at the first trial [James Weisman's], we heard Tina say that you harassed her, and that charges ... would be forthcoming. Thus, it was easy for us to believe her [at the second trial]." Yusuf then unsuccessfully appealed the panel's decision to the Dean of Student Life, Colton Johnson, and Vassar's Acting President, Nancy Dye.

however, did not allow introduction of the records. Yusuf called witnesses who testified that they had seen Yusuf and Kapur engaging in "horseplay" on numerous occasions, including occasions subsequent to the dates of the alleged harassment, and that Yusuf and Kapur were good friends and had remained on such terms throughout the time of the alleged incidents. Yusuf argued that the charge of harassment had not been filed until after Yusuf had made it clear to Kapur that he was not dropping the criminal charges against Weisman. Nichols ended the hearing at 9:00 p.m., notwithstanding the fact that Yusuf still had two witnesses from his approved list that had not yet been called.

Yusuf's complaint asserts four claims for relief based on these allegations. Yusuf's first claim is that he was denied rights guaranteed to him under 42 U.S.C. Sec. 1981 because "[r]ace was a motivating factor behind the guilty verdict returned against plaintiff and the disparity in the sentences rendered in the two cases." As a second claim for relief, Yusuf asserts that Vassar discriminated against him on account of his gender in violation of Title IX, 20 U.S.C. Sec. 1681, by finding him guilty of the sexual harassment charge. As part of this claim, Yusuf alleges that:

"34. Defendant has historically and systematically rendered verdicts against males in sex harassment cases, solely on the basis of sex.

35. Male respondents in sex harassment cases at Vassar College are discriminated against solely on the basis of sex. They are invariably found guilty, regardless of the evidence, or lack thereof."

Yusuf also pled supplemental state law claims for breach of an implied contract and intentional infliction of emotional distress. The complaint sought injunctive and declaratory relief, as well as compensatory and punitive damages.

The district court denied Yusuf's request for a preliminary injunction enjoining Vassar from enforcing its suspension of him for the Fall 1992 semester. The district court thereafter dismissed Yusuf's federal claims pursuant to Fed.R.Civ.P. 12(b)(6) on the ground that both failed to state a claim upon which relief can be granted and then exercised its discretion not to retain the supplemental state law claims.

DISCUSSION

Our review of the district court's dismissal of claims for failure to state a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6) is plenary. Citibank, N.A. v. K-H Corp., 968 F.2d 1489, 1494 (2d Cir.1992). A complaint must not be dismissed "unless it appears beyond doubt that the plaintiff...