MEMORANDUM DECISION AND ORDER I. INTRODUCTION On November 3, 2020, Plaintiff John Doe, a student at Defendant Rensselaer Polytechnic Institute (“RPI”), filed this diversity action against RPI alleging breach of contract and breach of the implied covenant of good faith and fair dealing. (Dkt. No. 1, at 16-21). The same day, Plaintiff filed a motion under Federal Rule of Civil Procedure 65 for a temporary restraining order (“TRO”) and preliminary injunction enjoining RPI “from imposing an ‘Emergency Suspension’ upon the plaintiff, and excluding him from participating in his coursework via online learning, pending the conclusion of the plaintiff’s judicial inquiry at the college.” (Dkt. No. 1; Dkt. No. 5, at 1).1 On November 5, 2020, the Court held a telephone conference with the parties and provided RPI until 5:00 p.m. to file a response to Plaintiff’s request for a TRO based on his claim regarding the emergency suspension. The Court also gave the same deadline for the Plaintiff to file any supplemental briefing in support of his motion. Having considered the parties’ submissions, (Dkt. Nos. 11, 12), the Court grants Plaintiff’s motion for a TRO to the extent it seeks to enjoin RPI from excluding him from participating in his coursework via online learning pending the outcome of the judicial inquiry. II. BACKGROUND2 A. RPI’s Response to the COVID-19 Pandemic In March 2020, during the initial COVID-19 outbreak, RPI, a private university in Troy, New York, took precautionary measures and shut down all in-person course instruction for the duration of the Spring 2020 Semester. (Dkt. No. 12, at 2). RPI is now the defendant in two damages class action lawsuits brought by students, which allege that RPI diminished the educational value of its programming by cancelling on-campus instruction. (Id.). After spending the duration of the Spring 2020 Semester and the Summer of 2020 revising applicable policies and procedures to account for the ongoing pandemic, the RPI administration determined that the implementation of such new protocols would allow it to begin the Fall 2020 Semester with on-campus living, instruction, and events. (Id.). As a prerequisite for enrolling in RPI in the Fall 2020 Semester, all RPI students were required to read and acknowledge by signature their willingness to comply with the “Agreement to Comply With Health & Safety Requirements For Students Attending the Rensselaer Campus and Activities” (the “HSR”).3 (Dkt. No. 1, 12; Dkt. No. 1-6, at 2-3). RPI intended the HSR to impress upon RPI students the serious nature of the COVID-19 pandemic and to implore them to take it seriously. (Dkt. No. 12, at 2). The HSR provides that “[t]hese requirements supplement the [RPI] Handbook of Student Rights and Responsibilities” and states that: “The health and safety of students and other persons on the [RPI] campus are of paramount importance. In light of the global COVID-19 pandemic, [RPI] is implementing requirements and restrictions designed to enhance the safety of our on campus community during this crisis.” (Dkt. No. 1-6, at 2). It contains a list of directives applicable to “[a]ll [RPI] students…participating in person in any [RPI]-sponsored activities,” regarding, among other things, testing, social distancing, providing contact information, and use of personal protective equipment. (Id. at 2-3). It states that “[b]ecause compliance with these health and safety requirements is a critical condition for on-campus attendance and participation in campus activities during the pandemic, students who fail to comply may be required to immediately leave campus and resume coursework online.” (Id. at 2). It further states “[r]epeated, intentional, or egregious acts of non-compliance shall be considered Grounds for Disciplinary Action (GDA), which may include suspension or expulsion.” (Id. (emphasis added)). Lastly, the HSR reiterated that students acknowledged and agreed to “ [comply] with all applicable government orders, directives, regulations and laws.” (Id. at 3). The 2020 RPI Handbook of Student Rights and Responsibilities (the “Handbook”) “lays out both the rights and the responsibilities of students at [RPI] to help ensure mutual respect, integrity, and an environment where all students can effectively pursue their educational goals.” (Dkt. No. 1-1, at 4). It states that “[a]ll [RPI] students are expected to comply with the rules and regulations set forth in the Handbook, as well as with the requirements set forth in other [RPI] policies and rules.” (Id.). The Handbook contains the following “Community Health Emergencies Statement”: The health and safety of students and other persons on the [RPI] campus are of paramount importance. During periods of community health emergencies, [RPI] may implement requirements and restrictions designed to enhance the safety of our on-campus community during crises. Requirements may include, but are not limited to, mandatory testing and immunization, social distancing and use of personal protective equipment (PPE), reporting for tracking and tracing purposes, reduction of on-campus activities and visitors, self-quarantine or isolation directives, and de-densification standards. Responsibility for compliance with these requirements rests with all students attending the [RPI] campus or any events or locations where [RPI] activities occur. Because compliance with health and safety requirements are a critical condition for on-campus attendance and participation in campus activities during a community health emergency, students who fail to comply may be required to immediately leave campus and resume coursework online; and student organizations may face disciplinary action which may result in the interim suspension of activities, disciplinary suspension, or expulsion. Repeated or intentional non-compliance shall be considered Grounds for Disciplinary Action (GDA) which may include suspension or expulsion. (Id.) (emphasis added). Article VII (“Procedural Standards in Disciplinary Proceedings”), states that “[p]enalties shall be imposed or assessed under prescribed procedures.” (Id. at 7). Section E of that article allows “emergency suspension pending the hearing and determination [of charges], when the continued presence of such student could constitute a danger to the safety of a person or property on the premises” of RPI. (Id. at 8) (emphasis added). It further provides that “ [i]n the event of such a suspension, the student, upon written request, shall have the right to a hearing before the appropriate [RPI] judiciary within five institute business days after said request.” (Id.). B. Plaintiff John Doe Plaintiff has provided a declaration with the following facts. He has been a student at RPI since Fall 2017, and is enrolled in the five-year “Eng MBA” program; if he completes that program, he “will earn a Bachelor of Science Degree in engineering and a Master of Business Administration Degree.” (Dkt. No. 5-1,
