J U D G E F U R M A N

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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JOHN DOE,
Plaintiff,
-against-
COLUMBIA UNIVERSITY and
TRUSTEES OF COLUMBIA UNIVERSITY,
Defendants.
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Plaintiff John Doe
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(hereinafter referred to as "Plaintiff), by his attorneys
Nesenoff &Miltenberg, LLP, as and for his Complaint, respectfully alleges as
follows:
THENATUREOF THIS ACTION
1 . Plaintiff seeks redress against Defendant Columbia University and the
Trustees of Columbia University (collectively, "Defendant Columbia" or
"Columbia University") due to the actions, omissions, errors, and the flawed
procedures, and/or negligence and overall failure to provide Plaintiff with an
expected standard of due process, concerning the wrongful allegations of sexual
misconduct made against John Doe, a male, sophomore student at Defendant
Columbia in good standing, and a member of Columbia Universitys crew team
Plaintiff has filed, contemporaneously with this Complaint, a Motion to proceed pseudonymously.
with an otherwise unblemished record. The unfounded allegations were made by
fellow Columbia student, Jane Doe, a freshman student at the time.
2. John Doe and Jane Doe were friends within the same social circle at
Columbia University. It was at Jane Does suggestion that they engaged in one
night of consensual sexual activity during finals week in the Spring of 2013
("Evening of May 12") inside Jane Does suite bathroom. It was Jane Doe who let
Plaintiff John Doe in the bathroom in order to obtain a condom from her dormitory
room, then returning to the suite bathroom to undress herself in front of John Doe.
After the evening ended, Jane Doe and John Doe left each others company on good
terms.
3. Several weeks into the Fall 2013 semester and nearly five (5) months
after the one night of sexual activity, Jane Doe decided to report the Evening of
May 12 as "non-consensual" sexual activity. No contemporaneous report was ever
made nor was any police report was ever filed by Jane Doe in connection with her
sexual activity with Plaintiff John Doe; no visit to a medical care facility was ever
made by Jane Doe in connection with such sexual activity either; and indeed, no
allegation of improper sexual behavior was made by Jane Doe for nearly five (5)
months after the one night of sexual activity with John Doe. Notwithstanding the
foregoing, and further notwithstanding a paucity of direct evidence, including an
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unforgiveable lack of administrative continuity and simple, practical good sense
during the investigatory process, Defendant Columbia found John Doe guilty of
sexual misconduct in having non-consensual sex with Jane Doe and has issued
Plaintiff John Doe an order of suspension from Columbia University until Fall
2015.
4. In Defendant Columbias finding that Plaintiff John Doe was guilty of
sexual misconduct; Plaintiff John Doe deprived of the most basic due process and
equal protection rights and was discriminated against on the basis of his male sex.
In essence, there was a rush to judgment, pandering to the political climate on
campus and pressure from womans groups, with little thought, if any, given the
actual specifics of Plaintiff John Doe and Jane Does actual situation. John Doe was
denied the effective assistance of any advisor; cross-examination of his accuser was
effectively denied; John Doe was denied being able to call key witnesses and when
such deficiency was raised, John Doe was met with overall dismissal as to their
importance; and the hearing tribunal immediately announced its decision upon
conclusion of an abbreviated session, reflecting the lack of impartiality and pre-
judgment against an accused male student.
5. Defendant Columbia failed to adhere to its own guidelines and
regulations, and the guidelines and regulations themselves are insufficient to enable
a student to have a fair hearing before an impartial tribunal. The decision reached
was discriminatory and/or arbitrary and capricious; given the evidence (or lack
thereof), a discriminatory bias against males was required for a conclusion of sexual
misconduct to be reached and suspension ordered.
6. In fact, it is common knowledge that, at the time of John Does
disciplinary hearing and sanction, Columbia University was undergoing negative
public scrutiny and backlash by student political organizations for Columbia
Universitys lack of vigilance against male students (especially male student
athletes) accused of sexual assault, and the perceived failure of Columbia
University to mete out appropriately high sanctions.
7. It was set against this stage that Columbia University either
succumbed to pressure from various special interest groups or otherwise sought to
make an "example" out of John Doe as a "student athlete" accused of sexual assault
and meted out a disproportionately severe sanction of a two-year suspension from
the school, notwithstanding the lack of any evidence that the sexual activity
between John Doe and Jane Doe was non-consensual.
8. Particularly of note is the fact that even Jane Doe believed the sanction
to be too severe and personally appealed the decision as did Plaintiff John Doe.
Plaintiff John Does appeal enumerated significant errors and/or omissions that
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occurred throughout the entire process, including crucial errors in the investigatory
stage. Notwithstanding the appeals, Columbia University refused to change its
ruling.
9. John Doe has been greatly damaged by the suspension: John Does
educational career has been put on hold; his academic future has been severely
damaged; the monies spent on obtaining a college education at Defendant Columbia
squandered; and his psychological and emotional health has been greatly
compromised by the entire ordeal. Thus, John Doe brings this action to obtain
relief based on causes of action for, among other things, violations of Title IX of the
Education Amendments of 1972 and state law.
THE PARTIES
10. Plaintiff John Doe ("Plaintiff), is a natural person residing in the State
of Florida with an address of 11580 Mandarin Cove Lane, Jacksonville, Florida
32223. During the events described herein, John Doe was a student at Columbia
University and resided on the Columbia University campus in New York, New
York.
11. Upon information and belief, Defendant Columbia University
("Defendant Columbia" or "Columbia University") is a private Ivy League
University located in the Upper Manhattan area of New York City. Upon
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information and belief, Columbia University operates under a 1787 charter that
places the institution under a Board of Trustees, namely, the Trustees of Columbia
University in the City of New York.
12. John Doe and Defendant Columbia are sometimes hereinafter
collectively referred to as the "Parties".
JURISDICTION AND VENUE
13. This Court has diversity and supplemental jurisdiction pursuant to 28
U.S.C. 1331 and under 28 U.S.C. 1332 because: (i) John Doe and Defendant
Columbia are citizens of different states and the amount in controversy exceeds
$75,000.00, exclusive of costs and interest; and (ii) the state law claims are so
closely related to the federal law claims as to form the same case or controversy
under Article III of the U.S. Constitution.
14. This Court has personal jurisdiction over Defendant Columbia on the
grounds that Defendant Columbia is conducting business within the State of New
York.
15. Venue for this action properly lies in this district pursuant to 28 U.S.C.
1391 because a substantial part of the events or omissions giving rise to the claim
occurred in this judicial district.
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FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS
I. Agreements, Representations, Covenants &
Warranties Between John Doe and Defendant Columbia
16. John Doe is a Florida native and son of a renowned cardiologist, with
two older siblings in medical school; John Doe comes from a household where
education is held in high esteem. John Doe worked diligently in high school,
succeeded in advanced placement courses, earned seven (7) AP credits toward
college and graduated with a 3.95 GPA. While in high school, John Doe was a
four-year varsity athlete and earned state and national level championships. John
Doe scored in the
95th
percentile in the SAT standardized college entrance
examination.
17. Setting his sights on an Ivy League education, John Doe applied early
decision to Columbia University and was accepted to the class of 2016.
18. Upon his acceptance, Defendant Columbia provided John Doe with
copies of its school policies, including the Gender-Based Misconduct Policies for
Students. Such documents are also readily available on Defendant Columbias
Internet website.
19. Columbia Universitys Student Policies and Procedures on
Discrimination and Harassment state, among other things:
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Columbia University is committed to providing a learning,
living, and working environment free from discrimination and
harassment and to fostering a nurturing and vibrant community
founded upon the fundamental dignity and worth of all of its
members. The University does not tolerate discrimination or
harassment on the basis of membership in a Protected Class,
and it provides students who believe that they have been the
subject of discrimination or harassment with mechanisms for
seeking redress. Nothing in this policy shall abridge academic
freedom or the Universitys educational mission. All members
of the University community are expected to adhere to the
applicable policies, to cooperate with the procedures for
responding to complaints of discrimination and harassment,
and to report conduct or behavior they believe to be in
violation of these policies to EOAA. Management and
supervisory personnel have a duty to act; they are responsible
for taking reasonable and necessary action to prevent
discrimination and harassment and for responding promptly
and thoroughly to any such claims. University officers who
learn of an allegation of gender-based misconduct,
discrimination, or harassment have a duty to report the
allegation to EOAA or Student Services for Gender-Based and
Sexual Misconduct. All students are protected from retaliation
for filing a complaint or assisting in an investigation under these
policies. Appropriate disciplinary action may be taken
against any student or employee who violates these policies.
20. According to Columbia Universitys Gender-Based Misconduct
Policies for Students:
Columbia University, Barnard College, and Teachers College
are committed to providing a learning environment free from
gender-based discrimination and harassment. As such, the
University does not tolerate any kind of gender-based
discrimination or harassment, which includes sexual assault,
sexual harassment, and gender-based harassment. The
University community is committed to fostering a healthy and
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safe environment in which every member of the community can
realize her or his fullest potential.
Gender-based misconduct is a serious concern on college
campuses throughout the country. To address this problem, the
University provides educational and preventive programs,
services for individuals who have been impacted by gender-
based and sexual misconduct, and accessible, prompt, and
equitable methods of investigation and resolution.
Students who believe they have been subjected to gender-based
discrimination or harassment are encouraged to report these
incidents. Upon receiving a report, the University will
respond promptly, equitably, and thoroughly. In addition, the
University will take steps to prevent the recurrence of the
discrimination or harassment and correct its effects, if
appropriate.
21. Furthermore, Columbia University expressly covenants to provide the
following rights to "Respondents" (i.e. the accused student) in gender-based
misconduct proceedings:
To be treated with respect, dignity, and sensitivity throughout
the process.
To seek support services at the University.
To confidentiality and privacy to the extent provided under
applicable law. The University will make all reasonable
efforts to ensure preservation of privacy, restricting
information to those with a legitimate need to know.
To be informed of the Universitys Gender-Based
Misconduct Policies and Procedures for Students.
To a prompt and thorough investigation of the allegations.
To an adequate amount of time to prepare for the
hearing. Participants shall be given at least five (5) calendar
days notice prior to the hearing except in rare circumstances.
To review all applicable documents prior to the hearing in the
Student Services for Gender-Based and Sexual Misconduct
office.
To challenge investigator(s) or any hearing panel member if a
possible conflict of interest is present.
The right to replace the student panelist with a dean or
senior-level administrator if both parties agree.
To be accompanied at the hearing by a supporter.
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To participate or decline to participate in the investigation or
hearing panel process. However, the disciplinary process
will continue with the information available, and not
participating in the investigation may preclude participation
in the hearing panel.
To refrain frommaking self-incriminating
statements. However, the disciplinary process will continue
with the information available.
To appeal either the hearing panels decision or the sanctions
determined by the Dean of Students.
To be notified, in writing, of the case resolution - including
the outcome of the appeal.
To understand that information collected in this process may
be subpoenaed in criminal or civil proceedings.
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22. According to Columbia Universitys Confidentiality, Privacy, & Non-
Retaliation Policy:
The University will make all reasonable efforts to maintain
the confidentiality and privacy of parties involved in gender-
based misconduct investigations, restricting information to
those with a legitimate need to know. Individuals participating
in an investigation, proceeding, or hearing are encouraged to
maintain the privacy of the process in order to assist the office in
conducting a thorough, fair, and accurate investigation.
Individuals are also encouraged to seek appropriate
administrative support on-campus. Strictly confidential on-
campus resources include counseling services, medical care
providers, the Rape Crisis/Anti-Violence Support Center, and
clergy members. All other University administrators, such as
faculty and advising staff, cannot promise strict confidentiality
but can provide private support.
23. In the Fall of 2012, John Doe traveled from Jacksonville, Florida to
Morningside Heights, New York to join the class of 2016 at Columbia University.
II. John Does Time At Columbia University, His Relationship to
Jane Doe & The Evening Of May 12, 2013
24. Shortly after starting his freshman year at Columbia University, John
Doe became a member of Columbia Universitys crew team. John Doe exceled at
the sport and by his sophomore year, he became a varsity crew team member.
25. John Doe and Jane Doe met at the beginning of their freshman year at
Columbia University in August 2012.
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26. During the first semester of their freshman year, Jane Doe was dating
John Does roommate, Cohn Ross. John Doe, Mr. Ross and Jane Doe all lived on
the same floor of the residence hall, Carman Hall. John Doe was also fairly close to
Jane Does roommate, Zoe Wood, and often spent time in their room hanging out.
27. Jane Doe and John Doe often spent time together in the same circle of
friends. Jane Doe and John Doe interacted nearly on a daily basis and spent time
together on the weekends at social outings and dinners.
28. On evening of May 12, 2013, John Doe was studying for his Statistics
final in the lounge of the
7th
floor of Carman Hall. It was 10:00 p.m. and nobody
else was present in the lounge. After some hours of studying, a fellow Columbia
University student and friend, Trevor Bell, who was accompanied by his girlfriend,
Sidney Brinson, entered Carman Hall and sat down just outside the lounge.
29. At approximately 1:00 a.m. on May 13, 2013, Jane Doe stepped off the
elevator on the
7th
floor and walked down towards the lounge. Jane Doe sat and
talked to Mr. Bell for a while John Doe continued to study.
30. Somewhere between 10 to 20 minutes later, Mr. Bell and Ms. Brinson
left the 7
th
floor and Jane Doe came into the lounge and sat next to John Doe to talk.
John Doe stopped studying while they chatted about school and summer plans.
Jane Doe and John Doe talked until approximately 2:30 a.m.
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31. Feeling the need for fresh air and to stretch out his legs, John Doe
suggested to Jane Doe that they go for a walk outside. Jane Doe agreed and walked
with John Doe down Broadway about fourteen (14) city blocks, then turned around
and walked back to Carman Hall. During their walk, they talked about the past year
of school and their adjustments to college and living away from home. Their walk
lasted approximately one hour long.
32. Upon their return to Carman Hall, they went back into the lounge on
the
7 th
floor and continued to talk while John Doe gathered his books. At some
point, the topic of "hooking up" instead of going to bed came up, and Jane Doe and
John Doe began to flirt with each other.
33. Cognizant of the fact that they both had roommates who were fast
asleep in their respective dormitory rooms, Jane Doe directed that they go to the
bathroom located within her suite as a viable option for their sexual encounter. In
fact, Jane Doe insisted that they go to her suite, instead of John Does, because her
ex-boyfriend was John Does roommate.
34. John Doe followed Jane Doe to her suite room and, along the way,
they stopped by John Does room to drop off his bag. As they reached Jane Does
suite room door, she invited John Doe into the bathroom and he followed her inside.
Thereafter, Jane Doe directed John Doe to wait in the bathroom while she went into
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her bedroom to retrieve a condom. Jane Doe came back into the bathroom and
undressed herself in front of Plaintiff John Doe. Jane Doe and John Doe proceeded
to engage in sexual intercourse in the bathroom.
35. Following their sexual activity, Jane Doe excused herself to take a
shower and John Doe left to go back to his room to sleep.
III. The Weeks And Months Following The Evening of May 12
36. A few days following the Evening of May 12, Jane Doe contacted John
Doe via text message to convey her concern that their one evening of sexual activity
would have a social impact within their shared circle of friends and social circles,
should anyone in the group found out. John Doe advised that he did not believe it
would matter all that much since neither John Doe nor Jane Doe were concerned
about her ex-boyfriends opinion and that their friends were mature enough to
handle the news. Jane Doe agreed and the conversation ended.
37. Nearly two weeks after the Evening of May 12, Jane Doe contacted
John Doe again and expressed doubt about engaging in sexual activity with John
Doe on May 12, 2013, again noting she was uncomfortable with how it would
appear to everyone else.
38. During this time, John Doe had a conversation about the Evening of
May 12 with Claire Kao, John Does resident adviser. John Doe and Ms. Kao often
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spoke to each other on a regular basis about things in general. Ms. Kao informed
John Doe that she wanted to discuss the Evening of May 12 with John Doe and was
advised that John Doe and Jane Doe engaged in consensual sexual intercourse on
May 12, 2013. Ms. Kao informed him that Jane Doe had approached her to discuss
the Evening of May 12 in confidence, but that she was required by state law to
report it to Columbia University.
39. Notwithstanding the foregoing, no report was made at that time.
40. In or about May 2013, John Doe and Jane Doe left for summer
vacation break.
IV. Defendant Columbias Mishandling Of Jane Does Complaint About
The Evening of May 12
41. On September 24, 2013, nearly five (5) months following the Evening
of May 12, Rosalie Suer, Columbia Universitys Assistant Director for Gender
Based and Sexual Misconduct at the time, contacted John Doe to advise him that a
fellow student had made allegations of sexual assault against John Doe on May 12,
2013. Ms. Siler advised John Doe to come in for a meeting.
42. The following day, John Doe met with Ms. Suer where she handed
John Doe a formal written notice, dated September 24, 2013, which stated that John
Doe was being charged with "Non-Consensual Sexual Intercourse" in violation of
the Gender-Based Misconduct Policies for Students. Furthermore, John Doe was
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advised that Columbia University had issued a "no contact" order against John Doe
with respect to Jane Doe. Also, John Does access to residence halls on campus
was now restricted due to the accusations. John Doe was advised that he was
entitled to access to the on-campus Counseling & Psychological Services. Other
than that, John Doe was not advised of any other source of support during the
disciplinary process.
43. John Doe was utterly blindsided by the allegations, as he had engaged
in clearly consensual activity with Jane Doe, at her invitation, on the evening of
May 12, 2013 and advised Columbia University administrators as such.
44. That same day, John Doe also met with Title IX investigator, Jilleian
Sessions-.Stackhouse, for the purpose of providing his account of the evening of
May 12, 2013 ("Evening of May 12"). John Doe mentioned the existence of
several witnesses who were present at the
7 th
floor lounge of Carman Hall on the
evening in question; some of whom he knew by name and others whom he did not.
However, Ms. Sessions- Stackhouse failed to question him about such witnesses or
conduct an investigation into such witnesses or follow up on their identity. At all
times, John Doe was under the impression that Ms. Sessions-Stackhouse would
investigate and follow up on John Does account of the evening once he conveyed
his side of the story; as it turns out, that never happened.
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45. Ms. Sessions-Stackhouse is not an independent fact finder or
disinterested party with any specialized training; she is employed by Columbia
University and her role is essentially one of prosecuting sexual assault on campus.
As such, Ms. Sessions-Stackhouses line of questioning was more akin to cross-
examination calculated to illicit a confession from John Doe, it was decidedly not
an objective attempt to factually deconstruct an event. The interview was not
recorded; Ms. Sessions-Stackhouse took handwritten notes of her interview with
John Doe. Instead of performing an objective interview to identify witnesses,
events and timelines, Ms. Sessions- Stackhouse only took notes on what she deemed
important and disregarded everything else John Doe stated.
46. At no time did Ms. Sessions- Stackhouse advise John Doe that he could
submit his own written statement to her or to the hearing panel
47. At no time did Ms. Sessions- Stackhouse advise John Doe that he was
entitled to seek the support of a student advocate.
48. At John Does request, on October 21, 2013, John Doe met with Ms.
Siler again to advise her that Jane Does friends, some of which were not part of
their mutual group of friends, had harassed and assaulted John Doe on campus.
However, Ms. Siler did not take John Does complaint seriously and quickly
dismissed same.
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49. The following day, on October 22, 2013, John Doe met with Ms.
Sessions-Stackhouse to review her handwritten notes from their September 24,
2013 meeting. Much to his distress, John Doe observed that Ms. Sessions-
Stackhouses notes inaccurately and inadequately paraphrased John Does verbal
account of the events of May 12, 2013. Thus, John Doe attempted to make
numerous corrections to correct the grossly inaccurate account. Still dissatisfied,
Ms. Sessions-Stackhouse did not leave John Doe with any other choice but to
accept the account as written. During this meeting, John Doe also advised Ms.
Sessions-Stack-house that a fellow student and friend of Jane Does, India Knight,
had information pertinent to the case. Notwithstanding her duty to investigate,
gather evidence including witness statements, and otherwise examine all aspects of
the event in question with respect to the charges, Ms. Sessions-Stackhouse had no
prior knowledge of Ms. Knight and did not even interview Ms. Knight until John
Doe specifically mentioned her at this second meeting.
50. That same day, John Doe emailed Ms. Siler for permission to access
Hartley Residence Hall to meet with an on-campus psychologist. However, the
Counseling and Psychological Services ultimately canceled the meeting without
cause. This was the second time that the Counseling and Psychological Services
had canceled a meeting with John Doe, notwithstanding his attempts to meet with
the on-campus psychologist.
51. Instead, on October 25, 2013, John Doe met with Dr. Corey Frank in
the Columbia Center for Psychological Counseling, on the advisement of John
Does coach, Nich Lee Parker. Based on that visit, Dr. Frank noted that John Doe
presented with near suicidal thoughts due, in part, to the stress he was undergoing
as a result of the aftermath of Jane Does false accusations of sexual misconduct.
52. On November 22, 2013, Ms. Sessions-Stackhouse called John Doe to
ask follow-up questions about his statement of the events of May 12, 2013. When
asked if Jane Doe appeared intoxicated or under the influence of any drugs, John
Doe stated, "no". Ms. Sessions-Stackhouse asked John Doe how he knew whether
or not Jane Doe was intoxicated or under the influence of drugs. John Doe
explained that, due to their history and friendship, he has been present while Jane
Doe was drinking and using drugs on multiple occasions and that Jane Doe did not
act in accordance with such behavior on the evening of May 12, 2013. As a result
of interacting with Jane Doe (while she was her usual self) countless times
throughout the year, John Doe stated that she was acting normally as her usual self
on the night of the Evening of May 12.
We
53. On January 23, 2014, Interim Assistant Director, Deputy Title IX
Coordinator, Virginia Ryan (Rosalie Silers replacement), contacted John Doe to
meet with her and review the completed investigative report by Ms. Sessions-
Stackhouse.
54. On January 25, 2014, John Doe met with Ms. Ryan to review the
investigation report. It was clear to Plaintiff John Doe that Ms. Sessions-
Stackhouse had, once again, disregarded John Does advisement that Jane Does
clear, expressed verbal consent on the night of the Evening of May 12. Ms.
Sessions-StackhOuse had also failed to follow through with and reconcile the
conflicting information provided by Ms. Knight and Jane Doe on Jane Does
motivations and account of the night of the Evening of May 12.
55. Again, John Doe attempted to correct multiple mistakes that Ms.
Sessions-Stacldiouse failed to correct from their last meeting in October. Instead of
correcting her written mistakes, Ms. Sessions-Stackhouse continued to pursue an
admission of "guilt" from John Doe by her persistent line of questioning and
disregard for his explanations. Among other flaws with the report, noticeably
absent from the investigation report was the mention of any police report or health
examination/rape kit made in connection with the Evening of May 12, i.e. any
supporting evidence, other than Jane Does "say so" taken at face value.
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56.
Further absent from the investigation report was any mention of Ms.
Sessions-Stackhouses interview of or receipt of any statement from Trevor Bell
(who was present in the lounge on the evening of the Evening of May 12), Sidney
Brinson (also present to observe Jane Doe on the evening of the Evening of May
12) or Zoe Wood (Jane Does roommate at the time of the Evening of May 12).
Furthermore, the investigation report did not acknowledge the fact that Jane Doe
did not admit herself to the campus health center or any local hospital.
57.
Ms. Ryan also gave John Doe a form to state his response to the
incident report and the accusations and attempted to explain the process following
each response. John Doe returned this form on January 29, 2014.
58.
Between January 31, 2014 and February 4, 2014, Ms. Ryan provided
John Doe the details of the hearing date, time and place, and gave John Doe a list of
the panelists. The hearing date was pushed back two days due to undisclosed
"scheduling conflicts", not caused by John Doe.
59.
At no point in time during the investigative process did any Columbia
University administrator advise John Doe that he was entitled to seek advice and
counsel from his Dean of Students.
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V. Columbia University Has Been Under Fire
For Its Handling Of Sexual Assault Complaints
60. Various Columbia University student organizations have alleged that
the school is not being firm enough in the disciplinary process on cases involving
alleged sexual misconduct by female students against male students at Columbia
University.
61. As early as December 11, 2013, Columbia University was subjected to
public scrutiny in a New York Post article, entitled, "Columbia drops ball on jock
rapist probe: students." Several Columbia University female students were
anonymously interviewed for comment on their view of the institutions
mishandling of their sexual assault complaints, citing Columbia Universitys failure
to act with expediency in investigating the complaints, lenient sanctions and overall
tenor of "dismissal" with regard to the serious nature of the complaints. As a result,
the New York Post article stated:
The Universitys Presidential Advisory Committee on Sexual Assault
is planning to meet with the CU Student Derns and other student
leaders who have raised issues about additional disclosures in order to
learn more directly about student concerns, share perspectives, and
explore possible next steps.
62. The student organization, Columbia University Democrats, has led the
charge on campus in criticizing Columbia Universitys handling of sexual assault
and has called for greater reforms. Columbia University Democrats has provided
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input on the issue of sexual assault at Columbia University in articles on such
perceived missteps and inadequacies.
63. For example, Sarah Weinstein, Membership Director of the Columbia
University Democrats has written opinion articles on the issue of male students
being found guilty of rape at their respective colleges and universities and has
called for the increase in transparency at Columbia University on the statistics of
what she terms, "campus assault".
64. Further, Ms. Weinstein has spearheaded a Columbia University
College Democrats Petition to request statistics on the sanctions applied to those
found responsible for sexual assaults, rapes and incidents of gender-based
misconduct reported at Columbia University. Ms. Weinstein has been quoted in
such articles as stating, "My peers and I have said many times that we want to make
sure that whats happening at Yale isnt happening here at Columbia" and "Weve
placed an emphasis on the light sanctions applied to the individuals found guilty of
rape at Yale, revealed by those statistics."
65. Following suit, an independent, Columbia University student-run
newspaper, The Blue and the White, featured a two-part series, "Accessible,
Prompt, and Equitable? An Examination of Sexual Assault at Columbia" and
"Fallen Through the Cracks An Examination of Sexual Assault at Columbia, Pt.
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2", on January 23, 2014. The articles cast grave doubt on Columbia Universitys
handling of sexual assault complaints and discuss the experiences of three alleged
victims of sexual assault, in an effort to highlight how the universitys internal
investigation allowed the accused student athlete to escape punishment.
66. The articles also note the inadequate investigation conducted by the
Title IX investigator, Jilleian Sessions-Stackhouse (who replaced Rosalie Siler), and
insensitive questioning by the hearing panel members.
67. In February 2014, Columbia Universitys President Lee Bollinger
promised to hold a Town Hall meeting on Columbia Universitys handling of
sexual misconduct and scheduled the meeting for March 14, 2014 at Jerome Greene
Hall. The expected list of attendees included, but was not limited to, Senior
Associate Dean of Judicial Affairs, Jeri Henry, Columbia College Dean, James
Valenti, and Dean of Student Affairs, Terry Martinez.
68. More recently, on April 23, 2014, in a Twitter post by Anna Bahr,
editor of The Blue and the White, Ms. Bahr "tweeted" the statement, "Columbia
proves that it takes sexual assault seriously with this cake it is serving in a dining
hall," together with a photograph of a sheet cake bearing the inscription, "Sexual
Violence Prevention", which was served in the dining hall at Columbia University.
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69. Upon information and belief, the following day, on April 24, 2014,
twenty-three (23) students from Columbia University and Barnard College filed
complaints for violations of Title IX, Title II, and The Clery Act with the U.S.
Education Department alleging that Columbia University and Barnard College
mishandled incidents of sexual assault and misconduct on campus.
70. It was against this backdrop that John Does disciplinary hearing was
held on February 12, 2014.
VI. The Disciplinary Hearing
71. On February 12, 2014, the disciplinary hearing on John Does alleged
violation of Columbia Universitys Gender-Based Misconduct Policies for Students
convened at around 8:00 p.m. ("Hearing").
72. Both John Doe and Jane Doe were allowed to be accompanied by a
support person to the Hearing. John Doe was accompanied by his roommate that
year (2013-2014 academic year), Conor Murphy. Jane Doe attended the Hearing
with Sarah Weinstein, Membership Director of the Columbia University
Democrats.
73. Upon information and belief, Ms. Weinstein and Jane Doe are not
friends and have no known relationship to each other prior to the date of the
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Hearing. Ms. Weinsteins attendance at the Hearing was certainly not a mere
coincidence.
74. Also present at the Hearing were Ms. Ryan, Ms. Ryans assistant and
the three (3) panelists, Morgan Murray (Director of Office of Disability Services at
Barnard College), Frank Cirioni (Associate Director for Residential Life and
Housing at Barnard College) and Suma Setty (Graduate student at Mailman School
of Public Health at Columbia University).
75. John Doe was not entitled to have legal representation at the Hearing.
76. There were three (3) separate rooms set up for the Hearing to keep
everyone separate; one room was for the panelists, the second room was for John
Doe, and the third room was for Jane Doe. In each room, a television was set up
with a live video feed of the Hearing so that each participant had the opportunity to
watch what was being said at all times.
77. At the start of the Hearing, the panelists asked John Doe to make a
statement. However, not having been previously advised by anyone at Columbia
University about this part of the process or what the expectations were for his
statement, John Doe had nothing prepared and merely stated that he "did nothing
wrong".
26
78. While the Hearing was in session, John Doe and Jane Doe alternated
entering the first room to stand before the panelists to state their side of the case.
While Jane Doe told her version of the Evening of May 12, John Doe took notes in
his room and prepared questions for her cross-examination.
79. At no time, did Plaintiff John Doe receive a student advocate for his
rights throughout the investigation or Hearing. At no point in time did any
Columbia University administrator advise John Doe that he had the right to a
student advocate.
80. At the Hearing, Ms. Sessions-Stackhouses investigation report was
provided to the Panel for their review.
81. In accordance with his rights under Columbia Universities policies,
John Doe mentioned the existence of several witnesses who were present at the
7th
floor lounge of Carman Hall on the evening in question. However, due to Ms.
Sessions-Stackhouses failure to perform a thorough investigation into such
witnesses, no witnesses appeared at the Hearing to support John Does defense.
82. In defense of the formal charges brought against him, John Doe
submitted questions to the panelists to ask Jane Doe in order to expose her lack of
credibility with regard to the false charge of sexual misconduct. However, the
27
Panel did not allow John Doe to exhaust his list of questions, claiming that his
questions were "irrelevant".
83. According to Columbia Universitys policies regarding the disciplinary
process, "[w]itnesses may not directly participate in the disciplinary process, but
may submit a written statement documenting his/her account as it directly relates to
the incident". At no point during the investigation process or the Hearing did
Defendant Columbia obtain or afford John Doe the right to submit witness
statements in support of his defense as it related to the Evening of May 12.
84. According to Columbia Universitys policies regarding the disciplinary
process, "[b]ecause the determination of responsibility is based on a students
behavior and not his/her character, character references are unnecessary"
However, the credibility and character of the accuser is critical when faced with a
charge that amounts to nothing more than "he said, she said".
85. The Hearing was less than two hours and ended by 10:00 p.m.
VII. Sanctions
86. On February 18, 2014, John Doe met with Ms. Ryan to receive formal
notice of the result of the Hearing. The panelists found John Doe "Responsible" for
the charge of sexual assault: non-consensual sexual intercourse with Jane Doe
("Decision"). John Doe was advised that Dean Terry Martinez would be rendering
a sanction within the next five (5) business days.
87. On February 26, 2014, John Doe met with Dean Jeri Henry and John
Does advisor, Chad Gifford, to receive the sanction issued by Dean Terry
Martinez. At that time, he was advised that Columbia University was issuing John
Doe an order of suspension from Columbia University until Fall 2015 (the
"Sanction"). However, Defendant Columbia refused to credit John Doe for his
class attendance in the Spring of 2014, which effectively made John Does
suspension equivalent to 1.5 years.
88. That same day, Jane Doe spotted John Doe as he was leaving Wien
Residence Hall, which is where the Gender Based Misconduct office is located.
Jane Doe appeared to be entering Wien Residence Hall and she called out at John
Doe to get his attention. John Doe turned but did not give any response. Jane Doe
stated that she was "sorry" and that was going to go insider to get the punishment
lessened. John Doe did not respond and turned to walk away.
89. According to Columbia Universitys policies regarding the disciplinary
process, "[i]f a student is found responsible for a policy violation, sanctions will be
issued in consideration of the specific circumstances of the case, institutional
precedent, disciplinary history, aggravating circumstances and community impact".
29
Notwithstanding the fact that John Doe was a student in good standing and had no
history of sexual misconduct or any other disciplinary record, Columbia University
meted out the severe sanction of a nearly two-year suspension.
90. John Doe was advised of his right to appeal the Decision and Sanction
within five (5) business days.
VIII. Appeal of the Sanction
91. Following John Does receipt of the Decision and Sanction, John Doe
received an email from editor of the Columbia University student-run newspaper,
The Blue and the White, Anna Bahr, who somehow received notice of the Decision
and Sanction regarding John Doe. Ms. Bahr emailed John Doe to interview him
about his feelings on the Sanction and his perspective of the proceedings. Ms.
Bahrs request went ignored and unanswered. John Doe was appalled at Columbia
Universitys blatant violation of its very own confidentiality policies.
92. On or about March 3, 2014, John Doe submitted his appeal of the
Decision and Sanction outlining Columbia Universitys procedural errors, together
with exonerating evidence of doctor notes, emails and interviews with key student
witnesses who Ms. Sessions-Stackhouse failed to interview and/or include in her
investigation report, and who were never included (in any manner) at the Hearing.
In his appeal, John Doe also identified how Columbia University facilitated a
30
breach of confidentiality in violation of its own policies when the outcome of John
Does Decision and Sanction was leaked to Anna Bahr.
93. As it turns out, Jane Doe also submitted an appeal to reduce the
severity of the Sanction.
94. Notwithstanding, on March 10, 2014, Dean Valentini issued his denial
of John Does appeal on the following grounds: (i) the failure to interview key
witnesses identified by John Doe was within Ms. Sessions-Stackhouses discretion;
(ii) such key witnesses were not raised with Ms. Sessions-Stackhouse and were
"raised for the first time on appeal"; (iii) John Does behavior was found to be
"coercive" and was committed outside the purview of other witnesses, and, thus,
such witnesses testimony was insufficient; (iv) the evidence John Doe submitted
on appeal "threatened the integrity of the process" and, in any event, was available
at the time of the Hearing and not "new evidence"; and (v) sexual assault is
egregious and the sanction of a nearly two-year suspension is appropriate.
95. There was no rational basis for Dean Valentinis denial of John Does
appeal, and such denial was arbitrary and capricious on the grounds that: (i) under
Columbia Universitys new changes to its policies in 2011, the Title IX
Investigators duty is to interview witnesses and pertinent evidence; a role that once
belonged solely to the student; (ii) such key witnesses were identified by John Doe
31
during the investigation to Ms. Sessions-Stackhouses; (iii) given the testimony,
there was no basis for finding John Does behavior "coercive" and no basis was
ever provided by the panelists or Dean Valenini; (iv) the evidence submitted on
appeal consisted of an email from The Blue and the White editor, Ms. Bahr to
demonstrate Columbia Universitys breach of confidentiality, John Does doctors
notes about his psychological health, and interviews with key witnesses who were
ignored in the investigation and Hearing process; and (v) the Sanction and appeal
fail to take into account other considerations identified in Columbia Universitys
policies on sanctions, such as John Does lack of history of sexual misconduct or
any other disciplinary record and Jane Does appeal to reduce the severity of the
Sanction.
96. On March 11, 2014, Dean Valentini issued his denial of Jane Does
appeal to reduce the severity of the Sanction.
97. Columbia University policies effectuate a failure of due process for the
student population, especially the male student population, in their current state
because they are set up to encourage and facilitate the reporting of false reports of
sexual misconduct and/or other grievances without any recourse for the falsely
accused.
IX. John Does Entire Future is Severely
Damaged by Defendant Columbias Actions
98. As a result of Defendant Columbias actions, John Does entire
academic career is ruined and, without a college education, his overall economic
future is completely compromised.
99. Currently, John Does education is at a standstill as a result of
Defendant Columbias sanction of such a lengthy suspension through Fall 2015.
100. Even though John Doe may be allowed to return to Defendant
Columbia in the future, his academic and disciplinary record is irrevocably and
irreversibly tarnished and will not withstand scrutiny by any transfer to another
educational institution, including graduate studies.
101. Furthermore, John Does crew team membership has been revoked and
his chances of competing in the future have been compromised as a result of his
inability to maintain his training.
102. As a result of Defendant Columbias actions, John Does parents
financial resources used to provide John Doe with an Ivy League education has
been squandered.
103. As a result of Defendant Columbias actions, John Doe must undergo
psychological counseling on a weekly basis.
33
104. Any attempt to move on with his future in the face of Columbia
Universitys arbitrary and capricious decision will be met with great resistance and
little success; it is a known fact that the likelihood of his acceptance to a transfer
college of the same caliber as Columbia University is bleak, and the same outcome
can be expected for John Does future graduate applications in light of high
applicant numbers and stiff competition.
105. Without appropriate redress, the unfair outcome of the Hearing will
continue to cause irreversible damages to John Doe, with no end in sight. John Doe
seeks redress from this Court to undo the wrongs occasioned by Columbia
University on his education and future.
AS AND FOR THE FIRST CAUSE OF ACTION
Violation of Title IX of the Education Amendments of 1972
106. John Doe repeats and realleges each and every allegation hereinabove
as if fully set forth herein.
107. Title IX of the Education Amendments of 1972 provides, in relevant
part, that:
No person in the United States shall, on the basis of sex, be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination under any education program or activity receiving
Federal financial assistance.
34
108. Title IX of the Education Amendments of 1972 applies to an entire
school or institution if any part of that school receives federal funds; hence, athletic
programs are subject to Title IX of the Education Amendments of 1972, even
though there is very little direct federal funding of school sports.
109. Upon information and belief, Defendant Columbia receives nearly
$645,000,000 in federal funding for research and development.
110. Both the Department of Education and the Department of Justice have
promulgated regulations under Title IX that require a school to "adopt and publish
grievance procedures providing for the prompt and equitable resolution of student...
complaints alleging any action which would be prohibited by" Title IX or
regulations thereunder. 34 C.F.R. 106.8(b) (Dept of Education); 28 C.F.R.
54.135(b) (Dept of Justice) (emphasis added). Such prohibited actions include all
forms of sexual harassment, including sexual intercourse, sexual assault, and rape. 2
111. The procedures adopted by a school covered by Title IX must not only
"ensure the Title IX rights of the complainant," but must also "accord[] due
process to both parties involved...
2
See generally U.S. Dept of Education, Office for Civil Rights, Revised Sexual Harassment
Guidance: Harassment of Students by School Employees, Other Students, or Third Parties -- Title
IX(2001)at 19-20,21 &rm.98-101.
Id. at 22 (emphasis added).
35
112. The "prompt and equitable" procedures that a school must implement
to "accord due process to both parties involved" must include, at a minimum:
"Notice . . . of the procedure, including where complaints
may be filed";
"Application of the procedure to complaints alleging [sexual]
harassment...";
"Adequate, reliable, and impartial investigation of
complaints, including the opportunity to present witnesses
and other evidence";
"Designated and reasonably prompt timeframes for the major
stages of the complaint process"; and
"Notice to the parties of the outcome of the complaint..." 4
113. A school also has an obligation under Title IX to make sure that all
employees involved in the conduct of the procedures have "adequate training as to
what conduct constitutes sexual harassment, which includes "alleged sexual
assaults."
114 . Based on the foregoing, Defendant Columbia has deprived John Doe,
on the basis of his sex, of his rights to due process and equal protection through the
improper administration of and/or the existence, in its current state, of Defendant
Columbias guidelines and regulations.
4 1 d . t 2O.
5 1 d . at2l.
36
115. Based on the foregoing, Defendant Columbia conducted its
investigation of the Evening of May 12, and subsequent Hearing, in a manner that
was biased against the male being accused. From the outset, Ms. Sessions-
Stackhouses Final Investigation Notes were slanted in favor of Jane Doe and took
her statements at face-value. Absent from Ms. Sessions-Stackhouses report is the
mention of (or explanation for its absence) any police report or health
examination/rape kit made in connection with the Evening of May 12.
116. At the Hearing, Defendant Columbia freely allowed Jane Doe to
escape critical questioning by crying on the witness stand, and was completely
dismissive of John Does attempts to engage in meaningful cross-examination of
Jane Doe and challenge of her credibility on the issues of consent and her alleged
drug-induced state on the evening of the Evening of May 12.
117. Based on the foregoing, Defendant Columbia imposed sanctions on
John Doe that were disproportionate to the severity of the charges levied against
him and without any consideration of his clean disciplinary record at Columbia
University, and without providing any written summary for the basis therefor.
118. Based on the foregoing, Defendant Columbias guidelines and
regulations are set up to disproportionately affect the male student population of the
Columbia University community as a result of the higher incidence of female
complainants of sexual misconduct against male complainants of sexual
misconduct.
119. Based on the foregoing, male respondents in sexual misconduct cases
at Columbia University are discriminated against solely on the basis of sex. They
are invariably found guilty, regardless of the evidence, or lack thereof.
120. Based on the foregoing, Defendant Columbias mishandling of the
investigation, Hearing and sanctions determination was motivated solely by great
criticism by the Columbia University Democrats, negative public scrutiny and its
desire to make an "example" out of John Doe as a student-athlete who has been
"punished".
121. As a result of the foregoing, John Doe is entitled to damages in an
amount to be determined at trial, plus prejudgment interest, attorneys fees,
expenses, costs and disbursements.
AS AND FOR THE SECOND CAUSE OF ACTION
Breach of Contract
122. John Doe repeats and realleges each and every allegation hereinabove
as if fully set forth herein.
123. Based on the aforementioned facts and circumstances, Defendant
Columbia breached express and/or implied agreement(s) with John Doe.
124. As a direct and foreseeable consequence of these breaches, John Doe
sustained tremendous damages, including, without limitation, emotional distress,
loss of educational and athletic opportunities, economic injuries and other direct
and consequential damages.
125. John Doe is entitled to recover damages for Defendant Columbias
breach of the express and/or implied contractual obligations described above.
126. As a direct and proximate result of the above conduct, actions and
inactions, John Doe has suffered physical, psychological, emotional and
reputational damages, economic injuries and the loss of educational and athletic
opportunities.
127. As a result of the foregoing, John Doe is entitled to damages in an
amount to be determined at trial, plus prejudgment interest, attorneys fees,
expenses, costs and disbursements.
AS AND FOR THE THIRD CAUSE OF ACTION
Covenant of Good Faith and Fair Dealing
128. John Doe repeats and realleges each and every allegation hereinabove
as if fully set forth herein.
129. Based on the aforementioned facts and circumstances, Defendant
Columbia breached and violated a covenant of good faith and fair dealing implied
in the agreement(s) with John Doe by meting out a disproportionate sanction of a
W ei
nearly two-year suspension against John Doe, notwithstanding the lack of evidence
in support of Jane Does claim of sexual assault and, in the face of Jane Does own
appeal to Columbia University to request a lesser sanction.
130. As a direct and foreseeable consequence of these breaches, John Doe
sustained tremendous damages, including, without limitation, emotional distress,
psychological damages, loss of educational and athletic opportunities, economic
injuries and other direct and consequential damages.
131. John Doe is entitled to recover damages for Defendant Columbias
breach of the express and/or implied contractual obligations described above.
132. As a result of the foregoing, John Doe is entitled to damages in an
amount to be determined at trial, plus prejudgment interest, attorneys fees,
expenses, costs and disbursements.
AS AND FOR THE FOURTH CAUSE OF ACTION
Unfair or Deceptive Trade Practices
133. John Doe repeats and realleges each and every allegation hereinabove
as if fully set forth herein.
134. Section 349(a) of the General Business Law provides consumer
protection by declaring as unlawful "deceptive acts and practices in the conduct of
any business, trade or commerce or in the furnishing of any service in this state".
! LI1
135. Columbia Universitys Student Policies and Procedures on
Discrimination and Harassment state, among other things:
Columbia University is committed to providing a learning,
living, and working environment free from discrimination and
harassment and to fostering a nurturing and vibrant community
founded upon the fundamental dignity and worth of all of its
members. The University does not tolerate discrimination or
harassment on the basis of membership in a Protected Class,
and it provides students who believe that they have been the
subject of discrimination or harassment with mechanisms for
seeking redress. Nothing in this policy shall abridge academic
freedom or the Universitys educational mission. All members
of the University community are expected to adhere to the
applicable policies, to cooperate with the procedures for
responding to complaints of discrimination and harassment,
and to report conduct or behavior they believe to be in
violation of these policies to EOAA. Management and
supervisory personnel have a duty to act; they are responsible
for taking reasonable and necessary action to prevent
discrimination and harassment and for responding promptly
and thoroughly to any such claims. University officers who
learn of an allegation of gender-based misconduct,
discrimination, or harassment have a duty to report the
allegation to EOAA or Student Services for Gender-Based and
Sexual Misconduct. All students are protected from retaliation
for filing a complaint or assisting in an investigation under these
policies. Appropriate disciplinary action may be taken
against any student or employee who violates these policies.
136. According to Columbia Universitys Gender-Based Misconduct
Policies for Students:
Columbia University, Barnard College, and Teachers College
are committed to providing a learning environment free from
gender-based discrimination and harassment. As such, the
University does not tolerate any kind of gender-based
discrimination or harassment, which includes sexual assault,
sexual harassment, and gender-based harassment. The
University community is committed to fostering a healthy and
safe environment in which every member of the community can
realize her or his fullest potential.
Gender-based misconduct is a serious concern on college
campuses throughout the country. To address this problem, the
University provides educational and preventive programs,
services for individuals who have been impacted by gender-
based and sexual misconduct, and accessible, prompt, and
equitable methods of investigation and resolution.
Students who believe they have been subjected to gender-based
discrimination or harassment are encouraged to report these
incidents. Upon receiving a report, the University will
respond promptly, equitably, and thoroughly. In addition, the
University will take steps to prevent the recurrence of the
discrimination or harassment and correct its effects, if
appropriate.
137. Furthermore, Columbia University covenants to provide the following
rights to "Respondents" (i.e. the accused student) in gender-based misconduct
proceedings:
To be treated with respect, dignity, and sensitivity throughout
the process.
To seek support services at the University.
is
To confidentiality and privacy to the extent provided under
applicable law. The University will make all reasonable
efforts to ensure preservation of privacy, restricting
information to those with a legitimate need to know.
42
To be informed of the Universitys Gender-Based
Misconduct Policies and Procedures for Students.
To a prompt and thorough investigation of the allegations.
To an adequate amount of time to prepare for the
hearing. Participants shall be given at least five (5) calendar
days notice prior to the hearing except in rare circumstances.
To review all applicable documents prior to the hearing in the
Student Services for Gender-Based and Sexual Misconduct
office.
To challenge investigator(s) or any hearing panel member if a
possible conflict of interest is present.
The right to replace the student panelist with a dean or
senior-level administrator if both parties agree.
To be accompanied at the hearing by a supporter.
To participate or decline to participate in the investigation or
hearing panel process. However, the disciplinary process
will continue with the information available, and not
participating in the investigation may preclude participation
in the hearing panel.
To refrain from making self-incriminating
statements. However, the disciplinary process will continue
with the information available.
To appeal either the hearing panels decision or the sanctions
determined by the Dean of Students.
To be notified, in writing, of the case resolution - including
the outcome of the appeal.
43
To understand that information collected in this process may
be subpoenaed in criminal or civil proceedings.
138. According to Columbia Universitys Confidentiality, Privacy, & Non-
Retaliation Policy:
The University will make all reasonable efforts to maintain
the confidentiality and privacy of parties involved in gender-
based misconduct investigations, restricting information to
those with a legitimate need to know. Individuals participating
in an investigation, proceeding, or hearing are encouraged to
maintain the privacy of the process in order to assist the office in
conducting a thorough, fair, and accurate investigation.
Individuals are also encouraged to seek appropriate
administrative support on-campus. Strictly confidential on-
campus resources include counseling services, medical care
providers, the Rape Crisis/Anti-Violence Support Center, and
clergy members. All other University administrators, such as
faculty and advising staff, cannot promise strict confidentiality
but can provide private support.
139. Defendant Columbia has engaged in the following acts or practices that
are deceptive or misleading in a material way, or committed deceptive acts or
practices, which were aimed at the consumer public at large, that were a
representation or omission likely to mislead a reasonable consumer acting
reasonably under the circumstances:
a. by causing John Doe to believe that Defendant Columbia would
follow its policies, copies of which were provided to John Doe
and are also available on Defendant Columbias Internet
website; and
r r i
b. by causing John Doe to believe that if he paid tuition and fees to
Defendant Columbia, that Defendant Columbia would uphold its
obligations, covenants and warranties to John Doe described in
its policies.
140. Based on the foregoing facts and circumstances, Defendant Columbia
engaged in unfair or deceptive trade practices in violation of Section 349(a) of the
General Business Law.
141. As a result of Defendant Columbias deceptive acts and practices, John
Doe sustained tremendous damages, including, without limitation, emotional
distress, psychological damages, loss of educational and athletic opportunities,
economic injuries and other direct and consequential damages.
142. As a result of the foregoing, John Doe is entitled to damages in an
amount to be determined at trial, plus prejudgment interest, attorneys fees,
expenses, costs and disbursements.
AS AND FOR THE FIFTH CAUSE OF ACTION
Estoppel and Reliance
143. John Doe repeats and realleges each and every allegation hereinabove
as if fully set forth herein.
144. Defendant Columbias various policies constitute representations and
promises that Defendant Columbia should have reasonably expected to induce
action or forbearance by John Doe.
45
145.
Defendant Columbia expected or should have expected John Doe to
accept its offer of admission, incur tuition and fees expenses, and choose not to
attend other colleges based on its express and implied promises that Defendant
Columbia would not tolerate, and John Doe would not suffer, harassment by fellow
students and would not deny John Doe his procedural rights should he be accused
of a violation of Columbia Universities Gender-Based Misconduct Policies.
146.
John Doe relied to his detriment on these express and implied promises
and representations made by Defendant Columbia.
147. Based on the foregoing, Defendant Columbia is liable to John Doe
based on Estoppel.
148. As a direct and proximate result of the above conduct, John Doe
sustained tremendous damages, including, without limitation, emotional distress,
psychological damages, loss of educational and athletic opportunities, economic
injuries and other direct and consequential damages.
149. As a result of the foregoing, John Doe is entitled to damages in an
amount to be determined at trial, plus prejudgment interest, attorneys fees,
expenses, costs and disbursements.
AS AND FOR THE SIXTH CAUSE OF ACTION
Intentional Infliction of Emotional Distress
150. John Doe repeats and realleges each and every allegation hereinabove
as if fully set forth herein.
151. Based on the foregoing facts and circumstances, Defendant Columbia
intentionally and/or with willful or wanton indifference to the truth, engaged in
conduct to suspend John Doe from Columbia University without regard to the truth
of the allegations being made by Jane Doe and without evidence in support of Jane
Does belated claims, and otherwise intentionally inflicted emotional distress upon
John Doe.
152. The above actions and inactions by Defendant Columbia were so
outrageous and utterly intolerable that they caused mental anguish and severe
psychological and emotional distress to John Doe, as well as physical harm,
financial loss, humiliation, loss of reputation and other damages.
153. As a direct and proximate result of the above conduct, John Doe
sustained tremendous damages, including, without limitation, emotional distress,
loss of educational and athletic opportunities, economic injuries and other direct
and consequential damages.
154. As a result of the foregoing, John Doe is entitled to damages in an
amount to be determined at trial, plus prejudgment interest, attorneys fees,
expenses, costs and disbursements.
AS AND FOR THE SEVENTH CAUSE OF ACTION
Negligence
155. John Doe repeats and realleges each and every allegation hereinabove
as if fully set forth herein.
156. Defendant Columbia owed duties of care to John Doe. Such duties
included, without limitation, a duty of reasonable care in the conduct and
investigation of the allegations of rape and sexual misconduct against him.
157. Defendant Columbia breached its duties owed to John Doe.
158. As a direct and proximate result of the above conduct, John Doe
sustained tremendous damages, including, without limitation, emotional distress,
psychological damages, loss of educational and athletic opportunities, economic
injuries and other direct and consequential damages.
159. As a result of the foregoing, John Doe is entitled to damages in an
amount to be determined at trial, plus prejudgment interest, attorneys fees,
expenses, costs and disbursements.
AS AND FOR THE EIGHTH CAUSE OF ACTION
Declaratory Judgment
160.
John Doe repeats and realleges each and every allegation hereinabove
as if fully set forth herein.
161.
Defendant Columbia has committed numerous violations of the
Parties contracts and of federal and state law.
162.
John Does education and future career has been severely damaged.
Without appropriate redress, the unfair outcome of the Hearing will continue to
cause irreversible damages to John Does educational career and future employment
prospects, with no end in sight.
163.
As a result of the foregoing, there exists a justiciable controversy
between the Parties with respect to the outcome, permanency, and future handling
of John Does formal student record at Columbia University.
164.
By reason of the foregoing, John Doe requests, pursuant to 28 U.S.C.
2201, a declaration that: (i) the outcome and findings made by Columbia University
at John Does Hearing be reversed; (ii) John Does reputation be restored; (iii) John
Does disciplinary record be expunged; (iv) the record of John Does expulsion
from Columbia University be removed from his education file; (v) any record of
John Does Hearing be permanently destroyed; and (vi) Columbia Universitys
rules, regulations and guidelines are unconstitutional as applied.
49
PRAYER FOR RELIEF
WHEREFORE, for the foregoing reasons, John Doe demands judgment
against Defendant Columbia as follows:
(i)
on the first cause of action for violation of Title IX of the Education
Amendments of 1972, a judgment awarding John Doe damages in an
amount to be determined at trial, including, without limitation,
damages to physical well-being, emotional and psychological
damages, damages to reputation, past and future economic losses,
loss of educational and athletic opportunities, and loss of future
career prospects, plus prejudgment interest, attorneys fees,
expenses, costs and disbursements;
(ii)
on the second cause of action for breach of contract, a judgment
awarding John Doe damages in an amount to be determined at trial,
including, without limitation, damages to physical well-being,
emotional and psychological damages, damages to reputation, past
and future economic losses, loss of educational and athletic
opportunities, and loss of future career prospects, plus prejudgment
interest, attorneys fees, expenses, costs and disbursements;
(iii)
on the third cause of action for breach of the covenant of good faith
and fair dealing, a judgment awarding John Doe damages in an
amount to be determined at trial, including, without limitation,
damages to physical well-being, emotional and psychological
damages, damages to reputation, past and future economic losses,
loss of educational and athletic opportunities, and loss of future
career prospects, plus prejudgment interest, attorneys fees,
expenses, costs and disbursements;
(iv)
on the fourth cause of action under Section 349(a) of the General
Business Law, a judgment awarding John Doe damages in an
amount to be determined at trial, including, without limitation,
damages to physical well-being, emotional and psychological
damages, damages to reputation, past and future economic losses,
50
loss of educational and athletic opportunities, and loss of future
career prospects, plus prejudgment interest, attorneys fees,
expenses, costs and disbursements;
(v) on the fifth cause of action for estoppel and reliance, a judgment
awarding John Doe damages in an amount to be determined at trial,
including, without limitation, damages to physical well-being,
emotional and psychological damages, damages to reputation, past
and future economic losses, loss of educational and athletic
opportunities, and loss of future career prospects, plus prejudgment
interest, attorneys fees, expenses, costs and disbursements;
(vi) on the sixth cause of action for intentional infliction of emotional
distress, a judgment awarding John Doe damages in an amount to be
determined at trial, including, without limitation, damages to
physical well-being, emotional and psychological damages, damages
to reputation, past and future economic losses, loss of educational
and athletic opportunities, and loss of future career prospects, plus
prejudgment interest, attorneys fees, expenses, costs and
disbursements;
(vii) on the seventh cause of action for negligence, a judgment awarding
John Doe damages in an amount to be determined at trial, including,
without limitation, damages to physical well-being, emotional and
psychological damages, damages to reputation, past and future
economic losses, loss of educational and athletic opportunities, and
loss of future career prospects, plus prejudgment interest, attorneys
fees, expenses, costs and disbursements;
(viii) on the eighth cause of action for a declaratory judgment pursuant to
28 U.S.C. 2201, a judicial declaration that: (i) the outcome and
findings made by Columbia University at John Does Hearing be
reversed; (ii) John Does reputation be restored; (iii) John Does
disciplinary record be expunged; (iv) the record of John Does
expulsion from Columbia University be removed from his education
file; (v) any record of John Does Hearing be permanently
destroyed; and (vi) Columbia Universitys rules, regulations and
guidelines are unconstitutional as applied; and
51
By
An
K u
363 Seventh Avenu e, Fifth Floor
New York, New York 10001
(212) 736-4500
amiltenbergnrn1lplaw.com
klau(ninljjlaw.coni
(ix) awarding John Doe su ch other and fu rther relief as the Cou rt deems
ju st, equ itable and proper.
Dated: New York, New York
May 16, 2014
NESENOFF & MILTENBERG, LLP
-and-
David Aylor Law Offices
David Aylor, Esq.
24 Broad Street
Charleston, SC 29401
(843) 577-5530
David(davidaylor.coin
(pro hac vice pending)
-and-
Schmutz & Scbrnutz
Stephen Schinutz, Esq.
24 Broad St
Charleston, SC 29401
(843) 577-5530
steve(schrnu tzla%v.con1
(pro hac vice pending)
Attorneys for Plaintiff John Doe
52
JURY DEMAND
John Doe herein demands a trial by jury of all triable issues in the present
matter.
Dated: New York, New York
May 16,2014
NES,ENO,FF & MILTgNBEIRG, LLP
By:
ALMUWJJ
Andrew T. MiitenWerg, Esq. (AM
Kimberly C. Lan, Esq. (KL 9374)
363 Seventh Avenue, Fifth Floor
New York, New York 10001
(212) 736-4500
amiltenberg(nmllplaw.com
klau(nmIly1aw.corn
-and-
David Ayior Law Offices
David Aylor, Esq.
24 Broad Street
Charleston, SC 29401
(843) 577-5530
Daviddavidaylor.com
(pro hac vice pending)
-and-
Schrnutz & Schmutz
Stephen Schniutz, Esq.
24 Broad St
Charleston, SC 29401
(843) 577-5530
steve(sclimutzlaw.com
(pro hac vice pending)
A tiorn eys for Plaintiff John Doe
53
jUE
F L M M A N
1
UN ITED STA TES DISTRICT COURT
K SOUTHERN DISTRICT OF N EW YORK
CV 3573
JOHN DOE,
Plaintiff,
-against-
COL UM BIA UN IVERSITY and
TRUSTEES OF COL UM BIA UN IVERSITY,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
Civil Action
ORDER GR* TIN GcA
PL A IN TIF F SEX
FARTE M OT1N
F OR L EA VE TO
-
F IL E COM PL A IN T
AS PSEUDON YM OUS
PL A IN TIF F
Upon the Ex Parte Motion of the Plaintiff for an Order permitting the filing of the
Complaint, summons, civil cover sheet, and Motion for Leave to File Complaint as
Pseudonymous Plaintiff under seal, and upon review of the Declaration of Kimberly C. Lau and
Memorandum of Law in support thereof, it is hereby
ORDERED that Plaintiffs Ex Parte Motion for Leave to File Complaint as
Pseudonymous Plaintiff be GRANTED, and it is
F URTHER ORDERED, that the Complaint, summons, civil cover sheet, and Motion
for Leave to File Complaint as Pseudonymous Plaintiff, and all other accompanying filings in
this action shall be placed under seal until such time as proof of service of the summons and
Complaint is returned and filed by Plaintiff with the Clerk of the Court.
/5
-z5s
jated: May
1!,201 4to9e

UNITED STATES DISTRICT