McNeil v. Yale Univ.

• Decision Date: 30 January 2020
• Docket Number: No. 3:19-CV-00209 (VAB),3:19-CV-00209 (VAB)
• Citation: 436 F.Supp.3d 489
• Court: U.S. District Court — District of Connecticut
• Parties: Anna MCNEIL, et al., Plaintiffs, v. YALE UNIVERSITY, et al., Defendants.

436 F.Supp.3d 489

Anna MCNEIL, et al., Plaintiffs,

v.YALE UNIVERSITY, et al., Defendants.

No. 3:19-CV-00209 (VAB)

United States District Court, D. Connecticut.

Signed January 30, 2020

Daniel Howard Schneider, Schneider Law Firm LLC, Milford, CT, Scott Sullivan, Albert Powell, David Tracey, Sanford Heisler Sharp, LLP, New York, NY, David W. Sanford, Sanford Heisler Sharp, LLP, Washington, DC, for Plaintiff.

Benjamin Field, Jessica Lynn Ellsworth, Hogan Lovells US LLP, Washington, DC, Brendan Gooley, Hartford, CT, James M. Sconzo, Calrton Fields, P.C., Hartford, CT, Laura Juffa, Stephanie L. Fox, Kaufman Borgeest & Ryan, LLP, New York, NY, Robert Stanton Jones, Arnold & Porter Kaye Scholer LLP, Washington, DC, for Defendants.

RULING AND ORDER ON MOTIONS TO DISMISS

VICTOR A. BOLDEN, UNITED STATES DISTRICT JUDGE

Anna McNeil, Eliana Singer, Ry Walker, and Engender ("Plaintiffs") have sued three different sets of defendants: their undergraduate institution, Yale University ("Yale"), a group of fraternities and related housing companies (collectively referred to as the "Fraternity Defendants" or "Defendant Fraternities"),¹ and two housing companies, 402 Crown, LLC, and 340 Elm, LLC, which rent housing to members of two of the Fraternity Defendants.

Yale, the Fraternity Defendants, 402 Crown, LLC, and 340 Elm, LLC, have all moved to have the claims against them dismissed.

For the following reasons, the motions to dismiss of the Fraternity Defendants, 402 Crown, LLC, and 340 Elm, LLC are GRANTED in their entirety and the motion to dismiss of Yale is GRANTED in part and DENIED in part.

Although limited in scope, only the Title IX claim of Anna McNeil remains. All other claims are dismissed WITH PREJUDICE .

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Allegations

Anna McNeil, Eliana Singer, and Ry Walker are undergraduate students at Yale and co-directors of a student group, Engender. Second Am. Compl., ECF No. 93 ¶ 1 (July 18, 2019) ("Second Am. Compl."). Engender allegedly promotes equity and inclusion within the Yale community. Id.

While at Yale, Ms. McNeil, Ms. Singer, and Ms. Walker all allegedly suffered sexual harassment and assault "during fraternity parties, after fraternity parties, and by fraternity members[.]" Id. ¶ 3.² They allege an "openly hostile and aggressive culture at fraternity events." Id. ¶ 104. They also allege that admission to parties depended on their appearance and "that women were routinely and openly harassed and assaulted at the hands of male partygoers." Id.

Ms. McNeil alleges three instances of sexual assault experienced at fraternity parties. At a Zeta Psi party in August or September of 2016, Ms. McNeil allegedly "was groped without consent by numerous male attendees" and allegedly witnessed similar behavior against other women. Id. ¶ 105. When she allegedly informed her first-year counselor of the incident, the counselor allegedly shrugged of Ms. McNeil's account and did not report the misconduct, as required by Yale's policies. Id. ¶ 106. In December 2016, Ms. McNeil allegedly was groped again at a Zeta Psi party without her consent. Id. ¶ 107. Finally, in December 2018, a male attendee at a Sigma Phi Epsilon party allegedly "grinded against [her] from behind without her consent." Id. ¶ 108.

Ms. Walker also alleges instances and experiences of sexual assault. She allegedly "has attended fraternity parties at Alpha Epsilon Pi, Delta Kappa Epsilon, Sigma Chi, Sigma Phi Epsilon, and Zeta Psi." Id. ¶ 110. In August or September of 2016, allegedly while dancing, "a large man began grinding on her from behind[,] [h]e then lifted her skirt and grabbed her crotch." Id. ¶ 110. In August of the same year, at a Sigma Alpha Epsilon party, Ms. Walker allegedly saw several fraternity members approach "women from behind and grope[ ] them without consent." Id. ¶ 111. At the same party, she allegedly witnessed other fraternity members "ogl[ing] at dancing female students[.]" Id. ¶ 111.

In September 2016, Ms. Walker alleges further misconduct. Ms. Walker allegedly planned to attend a party at Delta Kappa Epsilon, a fraternity, id. ¶ 112, even though she allegedly was warned "that she would not be admitted because she is an African American woman." Id. She allegedly went to the party and attempted to go inside. Id. She was allegedly looked up and down and then denied entrance, while "several white women behind her" were admitted. Id. Only after allegedly noting this unfair treatment was Ms. Walker permitted to enter the party. Id. She allegedly recalls being looked "up and down" before being allowed to enter a different party in December 2016. Id. ¶ 113.

About a year later, at a Zeta Psi party, a male partygoer allegedly grabbed a female friend of Ms. Walker's hair and body violently during a Zeta Psi party. Id. ¶ 114.

About a month later, at another Zeta Psi party, Ms. Singer alleges another sexual assault. Id. ¶ 115. She allegedly "was groped from behind without consent[,] ... [and] pushed away the man groping her, saying ‘no’ very clearly." Id.

Other members of Engender and the class of plaintiffs allegedly "have also experienced sexual misconduct at a Yale fraternity or committed by a Yale fraternity member." Id. at 116.

Plaintiffs allege that fraternities are the "dominant social institutions on campus[,]" that "[w]omen and non-binary students at Yale lack comparable spaces [to] host events and socialize,]" and that men then "control most large student-run parties" which ultimately "relegate[s] women and non-binary students to sexual objects." Id. ¶¶ 118-19. In addition to controlling social life on campus, fraternities allegedly "offer male students economic, associational, and social privileges" unavailable to female and non-binary students. Id. ¶ 120.

These privileges allegedly stem from the influential networks available to members of fraternities from the organizations' alumni and professional connections. Id. ¶ 121-22. Plaintiffs allege that "many Fraternity members receive summer internships and job offers thanks to their fraternity alumni networks and contacts." Id. ¶ 122. Because of Yale's history and its relatively recent shift from all-male to coeducational, "sorority networks [allegedly] do not reach as broadly and deeply...as those of the Fraternities." Id. ¶ 124.

As a response to the culture and privileges the Fraternity Defendants allegedly permeate and enjoy, Ms. McNeil and Ms. Walker allegedly helped "to create Engender to combat discrimination and harassment among Yale students." Id. ¶ 125. In early 2018, Ms. Singer allegedly joined Engender during the second semester of her first year. Id. ¶ 126. All plaintiffs allegedly believe that "Yale's fraternities disproportionately contribute to high levels of gender inequality, sexual harassment, and sexual assault on and around Yale's campus." Id. To combat the alleged inequalities, discrimination, and sexual assault, Ms. McNeil, Ms. Singer, and Ms. Walker, along with other members of Engender, allegedly "decided to apply to become members of the Fraternities." Id. ¶ 126.

The Fraternity Defendants allegedly maintain similar application processes. Id. ¶ 127. In late January or early February of each year, "the Fraternities commence ‘rush[.]’ " Id. Rush allegedly consists of "a series of events open to potential applicants." Id. The rush requirements "which applicants must meet in order to request a bid (i.e. apply) to the fraternity[,]" allegedly vary slightly between each Yale chapter. Id. Once requests for bids allegedly are placed, "fraternities select new brothers." Id.

In January and February of 2017, a group of female students organized by Engender allegedly requested access to the Fraternity Defendants' rush processes. Id. ¶ 128. Ms. McNeil and Ms. Walker allegedly were among these women. Id. Engender allegedly contacted all but two of the Fraternity Defendants' chapter presidents "requesting access to the fraternity rush process." Id. The presidents of Alpha Delta Phi, Chi Psi, Delta Kappa Epsilon, Sigma Alpha Epsilon, and Sigma Nu allegedly denied their requests, "citing instructions from their national organizations" and the national organization bylaws which limit membership to men. Id. The presidents of Sigma Chi and Zeta Psi allegedly did not respond. Id.

Sigma Phi Epsilon allegedly allowed female and non-binary students to participate in the rush process, but "Sigma Phi Epsilon's leadership [allegedly] made it clear from the start that the fraternity would deny all women and non-binary students membership based on its national bylaws," and would only admit men. Id. ¶ 129.

Sigma Phi Epsilon allegedly requires potential applicants "to attend five meals with current brothers" and allegedly encourages attendance at fraternity-sorority social events. Id. ¶ 130. Ms. McNeil and Ms. Walker allegedly attended some rush events at Sigma Phi Epsilon in 2017, but allegedly felt uncomfortable and unwelcomed. Id. They allegedly felt that the fraternity members "were uninterested in engaging with Engender members" and other male applicants ignored them. Id. Ms. McNeil and Ms. Walker allegedly did not fulfill all the rush requirements nor request bids for membership because they felt their efforts were futile. Id.

Although Ms. McNeil and Ms. Walker did not complete the rush process, other members of Engender allegedly did. Id. ¶ 131. On or around February 10, 2017, Sigma Phi Epsilon allegedly told all the female applicants "they would not be admitted based on the national bylaws, which mandate gender discrimination in membership." Id. Plaintiffs allege that "a significant number of male rush candidates" were admitted. Id. ¶ 132.

Ms. McNeil, Ms. Walker, and Engender allegedly again sought to join the Fraternity Defendants in the 2017-2018 school year. Id. ¶¶ 133-34. On January 16, 2018, Ms. McNeil allegedly sent an e-mail to all Yale Fraternity chapter presidents, except for Alpha Delta Phi, on behalf of Engender. Id. ¶ 135. They allegedly received various...