Cases & Developments

Decision & Order granting-in-part and denying-in-part Defendant’s Motion to Dismiss. Plaintiff, a former student at Syracuse University, brought erroneous outcome, selective enforcement, and contract claims against the University after he was expelled for a sexual assault alleged to have happened in March 2021. The court permitted plaintiff to proceed on his erroneous outcome claim, finding that (1) his allegations about flaws in evidentiary decisions and credibility determinations in both the investigative report and decision letter were sufficient to cast an articulable doubt on the outcome of the proceeding and (2) his allegations about the University’s enforcement of its policies supported a “minimal plausible inference of discriminatory intent.” In particular, he alleged that the University was attempting to “create an image that it was ‘tough’ on sexual violence” and that it continued to follow its policies shaped in response to the 2011 Dear Colleague Letter despite having adopted new policies in fall 2020. His selective enforcement claim failed, however, because he did not allege that the University refused to investigate female students accused of similar conduct. His contract claims also failed because the generalized statements he cited did not amount to contractual promises, and the facts alleged showed he was not denied process.