OPINION AND ORDER This case illustrates the complexities of policing sexual misconduct on college and university campuses. Plaintiff Ben Feibleman denies having sexually assaulted Jane Doe,1 a classmate, and points to a contemporaneous audio recording, as well as witness statements and hundreds of photographs, that purportedly exculpate him. After reviewing the record of the night in question, Defendant Columbia University concluded that Jane Doe was too incapacitated to consent to sexual activity, and revoked Feibleman’s degree from the Graduate School of Journalism. Feibleman now alleges that Columbia’s decision was erroneous, that he was discriminated against on the basis of his gender, and that Columbia failed, as promised, to provide him with a fair process and a diploma for which he otherwise met the requirements. Columbia, relying in large part on the audio recording referenced in the Complaint, has moved to dismiss Feibleman’s claim of an erroneous outcome, as well as his contract-based claims. Despite the incredible amount of detail as to what occurred on the night of October 4, 2016, based on the written record that is before the Court and without the benefit of live testimony, reasonable minds could differ on whether the preponderance of the evidence showed that Feibleman sexually assaulted Jane Doe. While there is evidence in the record that supports an inference that Feibleman knew or should have known that Doe was incapacitated and nevertheless chose to engage in sexual activity with her, there is also sufficient evidence in the record to support the conclusion that Doe was not incapacitated and that Feibleman reasonably believed that she had consented to sexual activity. Because the painfully detailed allegations currently before the Court could reasonably support diametrically opposite outcomes, Columbia’s motion to dismiss Plaintiff’s erroneous outcome claim must be denied at this early stage. The motion is granted in part and denied in part as to Plaintiff’s third cause of action for breach of contract; denied as to the fourth and sixth causes action for withholding Plaintiff’s diploma; and granted as to the fifth cause of action for improper delay in conducting the investigation. I. BACKGROUND In August 2016, Plaintiff Ben Feibleman began a one-year master’s program at Columbia University’s School of Journalism (“Columbia”). See Compl. (Dkt. 57)
25-26, 41. Barely two months into the semester, a fellow student accused Feibleman of sexually assaulting her on the night of October 4, 2016, and in the early morning hours of October 5. Id.
