Doe v. Ohio State Univ.
Decision Date | 10 March 2017 |
Docket Number | Case No.: 2:16–cv–171 |
Parties | John DOE, Plaintiff, v. The OHIO STATE UNIVERSITY, et al., Defendants. |
Court | U.S. District Court — Southern District of Ohio |
Eric John Rosenberg, The Rosenberg Law Office LPA, Granville, OH, Tracy L. Turner, Law Office of Tracy L. Turner, Columbus, OH, for Plaintiff.
Christina Louise Corl, Plunkett Cooney, Reid T. Caryer, Ohio Attorney General's Office, Columbus, OH, for Defendants.
Plaintiff John Doe initiated this case against Defendants The Ohio State University ("OSU"), Javaune Adams–Gaston, Kelly B. Smith, J.D., Matthew Page, and Natalie Spiert, (collectively "Individual Defendants"). Plaintiff alleges that he has been harmed by false allegations of sexual misconduct and has brought the following claims against the Defendants: violations of Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681, et seq. , violations of the Fifth and Fourteenth Amendments to the Ohio and United States Constitutions under 42 U.S.C. § 1983, defamation, and intentional infliction of emotional distress. . Plaintiff seeks a declaratory judgment, money damages, and injunctive relief. This matter is currently before the Court on Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint (Doc. 37). The matter is now ripe for review. For the reasons that follow, Defendants' Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. Defendants' have also moved to strike the declaration of Joshua Engel which has been fully briefed. The Motion to Strike is hereby DENIED.
Plaintiff John Doe graduated from high school with honors, then obtained an associate degree in nursing from the University of Toledo and became a registered nurse ("RN") in 2009. (Doc. 36, Am. Compl. ¶ 45). In 2011, John Doe enrolled at OSU to complete his Bachelor's degree with the goal of attending medical school after graduation. He also worked as an RN at OSU's Wexner Medical Center ("OSUWMC"). (Id. at ¶ 46).
Defendant OSU is a public university. OSU receives federal financial assistance and therefore is subject to Title IX. (Id. at ¶ 153). Defendant Dr. Javaune Adams–Gaston is OSU's Vice President for Student Life. Defendant Kelly B. Smith is an Assistant Director of OSU's Office of Student Life. Defendant Matthew B. Page is an Assistant Director of OSU's Office of Student Life. Defendant Natalie Spiert is OSU's Student Advocacy Program Coordinator. OSU's Office of Student Life is responsible for enforcing OSU's Code of Student Conduct ("Code of Conduct"). (Id. at ¶ 71, Ex. Q).
Section 3335–23–02 of the Code of Conduct (effective date June 18, 2012) defines the jurisdiction and states that it applies to:
(Doc. 36–2, Am. Compl. Ex. R ("Code of Conduct") at 1).
The Code of Conduct sets forth a number of actions that constitute prohibited conduct, including sexual misconduct in section 3335–23–04. (Id. at 2–6). With respect to sexual misconduct the Code of Conduct states:
(Id. at 3–4).
The Code of Conduct sets forth the following with respect to filing a complaint for violation of the Code of Conduct and the hearing procedure:
(Id. at 6–7). Additionally, the Code of Conduct established the Hearing Procedures and are as follows:
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