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Doe v. Vassar College

College Senior Denied Return to School After Suspension for Nonconsensual Sex

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OPINION AND ORDER Plaintiff John Doe, a senior at Vassar College (“Vassar”), commenced this action against Defendant Vassar on October 17, 2019. (ECF No. 1.) Vassar suspended Plaintiff for one semester after he was found responsible for engaging in nonconsensual sexual activity with a female student. Plaintiff alleges that Vassar’s actions deprived Plaintiff of his rights to due process and equal protection on the basis of his sex, in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq. (“Title IX”). Plaintiff also asserts state law claims sounding in breach of contract, breach of the covenant of good faith and fair dealing, estoppel and reliance, and negligence, and seeks a declaratory judgment pursuant to 28 U.S.C. §2201. Before the Court is Plaintiffs application for a preliminary injunction allowing him to immediately return to school. (ECF Nos. 3, 4.) Vassar opposes the application. (ECF No. 8.) The Court has carefully reviewed the parties’ submissions and considered the arguments made by both parties at a show cause hearing held on November 6, 2019, at the United States Courthouse, 300 Quarropas St., White Plains, NY 10601. For the following reasons, Plaintiffs application is DENIED. BACKGROUND I. Factual Background¹ Plaintiff and Jane Doe (“Jane”) are students at Vassar. (Compl. 1.) Plaintiff is a senior and is the captain of Vassar’s soccer team. (Compl.

1, 23.) On the night of May 4, 2019, Plaintiff and Jane met at a party off campus. (Id.

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