Miltenberg, Levy: “11th Circuit Reopens Emory Suit Over Sex Assault Hearing,” Law360

Emory University must face a male student’s suit claiming he was mistreated during a hearing about sexual assault accusations against him, the Eleventh Circuit ruled, saying he’d provided enough details to suggest the school’s sexual misconduct policy created an implied contract between them. A unanimous three-judge panel in a published opinion Thursday reversed the dismissal of an anonymous male former Emory student’s breach-of-contract claims alleging the Atlanta university failed to follow its sexual misconduct policies when it conducted an investigation and hearing. Emory ultimately found John Doe responsible for sexual misconduct and suspended him for a semester, which he claimed in his complaint cost him a lucrative job that he’d secured after graduation. However, the appeals court upheld the dismissal of Doe’s Title IX discrimination claim, saying he hadn’t shown that Emory was biased toward his accuser because she’s a woman rather than because she was reporting a sexual assault. “Such bias isn’t necessarily suggestive of unlawful sex discrimination under Title IX because, of course, a complainant can be either male or female,” U.S. Circuit Judge Kevin C. Newsom, an appointee of former President Donald Trump, wrote for the panel. Doe alleged in his July 2021 complaint that he had consensual sex with a female student at an April 2019 fraternity party, but six months later, the woman accused him of sexually assaulting her and choking her with her belt. Throughout the investigation, the woman’s story shifted and she eventually admitted that her belt was on the floor during the sex, but Emory still presumed he was guilty, Doe said. According to the complaint, an investigator’s report included irrelevant and false information that he was “the biggest stoner at Emory” and that female students were scared of him. Doe also said that female witnesses called during the hearing were treated better than the men … John Doe is represented by Adrienne Levy of Nesenoff & Miltenberg LLP and by Andrew Y. Coffman of Parks Chesin & Walbert PC. Emory University is represented by Joshua I. Bosin, John M. Hamrick, MacKenzie E. Gansert and Nicholas R. Boyd of Holland & Knight LLP.

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