Cases & Developments

Opinion and Order granting-in-part and denying-in-part Defendants’ Motion to Dismiss. Plaintiffs, four current and former students at the University of Vermont brought Title IX, due process, contract, and negligence claims against the University and multiple officials, alleging both pre-assault and post-assault deliberate indifference. The court permitted plaintiffs to proceed in their campus-wide pre-assault deliberate indifference claim, finding they had sufficiently alleged that the University improperly relied on informal procedures, was insufficiently transparent, and regularly saw delays in case resolution. Though it dismissed their pre-assault claims related to specific team and club sports, Greek life in general, and repeat offenders, it found allegations that the University did not adequately supervise or deter students from attending parties hosted by derecognized fraternities sufficient for plaintiffs to proceed on deliberate indifference, negligence, and negligent infliction of emotional distress claims. Turning to their post-assault claims, the court found various allegations of inadequate responses to reports of sexual assault, including assertions that (1) a mandatory reporter did not report an alleged assault to the Title IX office and (2) officials coordinated to encourage a complainant to choose an informal resolution process, were sufficient for plaintiffs to proceed on their post-assault deliberate indifference, due process, and contract claims. The court also found that assertions of pressure to forego a formal investigation, criticism in the athletics community, and withheld references and professional support were sufficient to allege Title IX retaliation.