Doe v. Yesner
| Decision Date | 04 September 2019 |
| Docket Number | No. 3:19-cv-0136-HRH,3:19-cv-0136-HRH |
| Parties | JANE DOE I, JANE DOE II, JANE DOE III, JANE DOE IV, JANE DOE V, and DOES 6-20, Plaintiffs, v. DAVID YESNER, UNIVERSITY OF ALASKA BOARD OF REGENTS, and UNIVERSITY OF ALASKA SYSTEM, Defendants. |
| Court | U.S. District Court — District of Alaska |
Defendants University of Alaska Board of Regents and University of Alaska System move to dismiss plaintiffs' Counts IV through VIII.1 Defendant David Yesner joins in this motion as to Count VIII.2 This motion is opposed.3 Yesner moves to dismiss some of plaintiffs' claims on statute of limitations grounds and to dismiss the fictitious plaintiffs.4The University defendants join in this motion.5 This motion is opposed.6 Yesner also moves to preclude the use of "Jane Doe" pseudonyms in this case.7 This motion is opposed.8 Plaintiffs move to amend their complaint.9 This motion is unopposed. Oral argument was not requested on any of the pending motions and is not deemed necessary.
Plaintiffs are former students at the University of Alaska. Yesner is a former professor at the University of Alaska.
Jane Doe I alleges that she first met Yesner in 2010 and that he was her "Anthropology Advisor from 2011 to the end of 2016/early 2017."10 Jane Doe I alleges that Yesner "directed grotesque and sexually charged comments and unwanted staring" at her.11 For example, Jane Doe I alleges that Yesner once asked her "if she ever wore heels while looking [her] up and down in a sexually explicit way, conveying to her that he was imaging what 'she would look like in heels.'"12 Jane Doe I alleges that one evening Yesner invited her to dinnerand while at dinner "emphasized . . . that his wife was out of town and insinuated that [she] should join him at his house[.]"13 Jane Doe I alleges that Yesner would take pictures of female students, including her, while on dig sites when they were wearing only sport bras and shorts due to the heat.14 Jane Doe I alleges that she learned in March 2019 that Yesner's pictures of her showed that Yesner "was zeroing in on [her] breasts and buttocks. . . ."15
Jane Doe II alleges that she first met Yesner in 2009 and that he became her thesis advisor in 2010.16 Jane Doe II alleges that Yesner "made unwanted sexual advances towards [her] as well as sexually explicit and suggestive comments."17 For example, Jane Doe II alleges that "Yesner directly stated to [her], 'if I were 30 years younger, I would be interested in you,' that 'you are beautiful,' and 'if I were not married, I would love to be with you sexually.'"18 Jane Doe II alleges that "when [she] communicated dissatisfaction that her comprehensive exam was taking so long to grade, [d]efendant Yesner responded that 'maybe [she] needed to give [him] a spanking so that [he] would do better.'"19 Jane Doe II alleges that Yesner would routinely question her then-boyfriend, who was also one of Yesner'sstudents, "about his sex life with [her], asking about intimate details."20 Jane Doe II alleges that "[t]he unwanted touching by" Yesner "was pervasive" and whenever he spoke to her, "he would stare at her breasts and he would find ways for his hands to make contact with her breasts and buttocks."21 She alleges that when Yesner would hug her, he "would put his hand on the small of her back and rub in circles just above her buttocks, lingering in the hug for several minutes" or he would "intentionally brush his hand across [her] breasts in the process of hugging her and often times leave his hand wrapped around her hip."22 Jane Doe II alleges that in November 2017, Yesner "perused [her] Instagram account and selected a sexually suggestive photograph of [her], showing her cleavage[,]" which he "put on her poster that would be displayed on campus, advertising her thesis presentation."23 Jane Doe II alleges that Yesner kept pornography on the computer "that she shared with him" and that "pornographic pictures would be left open on [the] computer when she came into the lab and [d]efendant Yesner would be elsewhere."24
Jane Doe III alleges that she first met Yesner in 2016.25 Jane Doe III alleges that "each time she had an interaction with [d]efendant Yesner he would stare lasciviously at herbreasts for the duration of the conversation[.]"26 Jane Doe III alleges that in October 2017, she was alone in a classroom performing a necropsy on a bear when Yesner "suddenly appeared in the doorway, intensely staring at [her] and standing in silence just watching her."27 Jane Doe III alleges that "[w]ithin a few minutes, [d]efendant Yesner began to walk slowly towards [her] in a threatening manner, still without saying anything."28 Jane Doe III alleges that "[i]n an attempt to protect herself, [she] chose to jump over the bear carcass on the floor instead of going around the table so she could be out of arms reach" of Yesner.29 Jane Doe III alleges that when she was taking a geology class in the Fall of 2017, Yesner would sit behind her and "lean in close where [she] could feel his breath down her neck" and he would "make bizarre, inappropriate comments."30
Jane Doe IV alleges that she "first met [d]efendant Yesner as an undergraduate student at field school in 2013 and during summer work before entering UAA's graduate program in 2014 and 2015."31 Jane Doe IV alleges that Yesner became her advisor in the fall of 2015.32 Jane Doe IV alleges that "Yesner made sexually explicit and suggestive commentsto [her] as well as unwanted staring."33 For example, Jane Doe IV alleges that Yesner once told her "that he cheated on his wife with another woman" and that "he wanted to have sex with a particular undergraduate professor and committee member[.]"34 Jane Doe IV alleges that "Yesner incessantly and exaggeratedly looked [her] body up and down."35 Jane Doe IV alleges that once when she was in the field with Yesner, who had "his camera in tow," she wiped a knife blade that she was using to take core samples on 36 Jane Doe IV alleges that "Yesner would often get [her] alone with him in disturbing situations."37 For example, Jane Doe IV alleges that Yesner once arranged for her to meet him at the museum when it was closed and that he once insisted that she come into his camper when they were in the field and she went to retrieve him for dinner.38 Jane Doe IV alleges that "[a]t this same field site in 2016," she and Yesner were out in the woods and "[a]s [she] was rummaging in the back of her car to retrieve field gear, she looked to see if [d]efendant Yesner was behindher but instead saw [him] urinating in plain sight."39 Jane Doe IV alleges that "there were times when she would walk into [d]efendant Yesner's office to meet with him and find that he was waiting for her with his pants unzipped and his shirt open, almost exposing himself to [her]."40 Jane Doe IV alleges that Yesner would force her "to sit side-by-side with him alone whenever she was working on her thesis."41 Jane Doe IV alleges that "Yesner would often hug [her] without her consent, lingering in the hug for several minutes to which [she] had no escape."42
Jane Doe V alleges that she "first met [d]efendant Yesner as an undergraduate student . . . in [the] Fall of 2014."43 Jane Doe V alleges that at a party in December 2014, 44 Jane Doe V alleges that "[e]ven after [she] politely refused, [Yesner] kept forcing the alcohol on her, pressuring [her] to drink."45 Jane Doe Valleges that "Yesner would often stare intensely at [her] breasts for a long time when she would have interactions with him[.]"46
Plaintiffs allege that outside counsel retained by the University released a report on March 15, 2019, which "detail[ed Yesner's] years and years of predatory behavior inflicted upon . . . female students."47 Plaintiffs allege that "[t]he March 15, 2019 report found [d]efendant Yesner guilty of violating several University regulations" and found that he had "engaged in sex discrimination and sexual harassment" of nine unnamed complainants (C1-C9) and sexually assaulted complainant C9.48 Plaintiffs also allege that the report found that Yesner had "engaged in sexual exploitation through inappropriate use and possession of female student pictures" and violated University regulations "by possessing obscene material on his University computer."49 Plaintiffs allege that after the report was released, Yesner was banned "from the University campus and from affiliating with the University of Alaska."50
Plaintiffs commenced this action on May 15, 2019. Plaintiffs' complaint contains eight counts. In Counts I-III, plaintiffs assert Title IX51 claims against the University defendants. In Count IV, plaintiffs assert sexual discrimination claims pursuant to AS14.18.010 against the University defendants. In Count V, plaintiffs assert § 1983 Monell claims against the University defendants. In Count VI, plaintiffs assert assault and battery claims against all defendants. In Count VII, plaintiffs assert intentional infliction of emotional distress claims against all defendants. In Count VIII, Jane Does I and II assert common law invasion of privacy tort claims. For relief, plaintiffs seek damages, an injunction enjoining the University "from unlawful discrimination on the basis of sex," "a formal public statement in support of [p]laintiffs[,]" and the "[r]emoval of Defendant David Yesner's name from diplomas and other official university documents[.]"52
Pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, defendants now move to dismiss certain...
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