OPINION AND ORDER Paul du Quenoy (“Plaintiff” or “Professor Du Quenoy”) brings this civil rights discrimination and breach of contract action against the American University of Beirut (“AUB”), his former employer, Fadlo Khuri (“President Khuri”), president of AUB, and Trudi Hodges (“Hodges”), former Title IX coordinator at AUB. After a student made an informal sexual harassment complaint against Professor Du Quenoy, AUB commenced an investigation that found he violated the university’s sexual harassment policies. AUB placed Professor Du Quenoy on leave without pay and did not renew his Lebanese residence permit. Professor Du Quenoy filed a complaint in this District but his employment contract has a forum selection clause designating Lebanon as the proper forum for any disputes arising out of it. Before the Court is Defendants’ motion to dismiss on the basis of the forum selection clause, personal jurisdiction for Hodges, and alternatively on forum non conveniens and failure to state a claim grounds. For the reasons discussed below, the Defendants’ motion is GRANTED. I. BACKGROUND Professor Du Quenoy is a United States citizen and during the events giving rise to the litigation was an Associate Professor in AUB’s Department of History and Archeology. Doc. 30, 17. AUB is a non-profit corporation incorporated in New York in 1863 and has a business office in this District. Id. 18. However, it operates as a private university with its main campus in Beirut, Lebanon. Id. President Khuri is a United States citizen who was the president of AUB during the sexual harassment investigation. Id. 19. In his capacity as final arbiter of AUB’s investigative process, he approved the investigative panel’s findings of violation against Professor Du Quenoy. Id. Hodges is a United States citizen who was the leader of AUB’s Title IX office and coordinated all relevant investigative processes during the relevant times. Id. 20. Prior to joining AUB, Professor Du Quenoy allegedly had an exceptionally promising academic career, he had received numerous fellowships, including a Fulbright, and been published in highly respected journals. Id. 23-24. In 2008, AUB invited him to join the faculty as an Assistant Professor of History. Id. 24. Four years later, AUB promoted him three years ahead of schedule to Associate Professor. Id. In 2012, Professor Du Quenoy signed an appointment letter detailing the contract terms of his employment (“Appointment Letter”) with AUB set to expire on September 30, 2019. Id. 24-25. The Appointment Letter contained a choice of law and a forum selection clause that stated as follows: The validity, interpretation and enforcement of this Letter shall be governed exclusively by the laws of the Republic of Lebanon, without regard to the choice of law provisions thereof. Any dispute arising under, in connection with or in any way relating, whether directly or indirectly, to the Letter, your appointment to or service on the University’s faculty (or your related compensation, leave, benefits or allowances), or the termination of that appointment or service, shall be governed exclusively by the laws of the Republic of Lebanon, without regard to the choice of law provisions thereof, and shall be subject to the exclusive jurisdiction of the courts of the Republic of Lebanon located in Beirut. Doc. 33, Ex. 1. Whether this clause governs Professor Du Quenoy’s lawsuit against AUB is the principal question in this motion. The events that gave rise to this lawsuit occurred during the fall semester of 2017 when an AUB student, Sally Smith (“Smith”),1 raised concerns about Professor Du Quenoy to her academic adviser, Professor Ali Tehrani (“Professor Tehrani”). Doc. 30,
91, 93. Smith was taking Professor Du Quenoy’s history class, “Imperial Russia,” that fall, and the year before had taken his fine arts course “Verdi’s Operas.” Id. 91. During a class lecture on October 16, 2017, Professor Du Quenoy admonished Smith to follow the classroom policy as she was reading a book during the class lecture. Id. 92. Smith argued with him and allegedly called him a “narcissist.” Id. The next day, Smith told Professor Tehrani that Professor Du Quenoy had engaged in inappropriate contact with her in the past, mainly giving her two hugs accompanied with cheek kisses and speech of a romantic nature. Id. 93. However, Smith did not want to file a formal complaint. Id. 95. According to Professor Du Quenoy, upon information and belief, Professor Tehrani communicated Smith’s concerns directly to President Khuri who decided to order a full investigation. Id. 97. The panel consisted of three faculty voting members and Hodges, who sat as a non-voting member of the panel given her role as Title IX coordinator. Id. 98. Approximately two weeks after the investigation started, President Khuri informed Professor Du Quenoy about it and provided him with copies of AUB’s Policies and Procedures. Id. 100. AUB’s sexual harassment policy in 2012 provided examples of sexual harassment conduct, such as repeated unwelcome flirtation, advances, or propositions, and sexually-oriented messages or images. Doc. 33, Ex. 2 at 4. The panel interviewed numerous witnesses, including Smith, AUB professors, other AUB students, and Professor Du Quenoy. See, e.g., id.
