OPINION & ORDER John Doe (“Plaintiff”), proceeding pseudonymously, brings this Action against the State University of New York (“SUNY”) Purchase College (“SUNY Purchase” or “Defendant”), alleging that Defendant violated his rights under Title IX of the Education Amendments of 1972, 20 U.S.C. §§1681, et seq. (“Title IX”) and New York state law while Plaintiff was a student at SUNY Purchase via an allegedly biased investigation into and erroneous adjudication of a complaint of sexual assault made against Plaintiff by a female classmate. (See generally Compl. (Dkt. No. 1).)1 Plaintiff also alleges that Defendant failed to protect Plaintiff from harassment by other students upon his return to campus after the complaint was adjudicated, which led to Plaintiff’s withdrawal from the school. (See id.) Before the Court is Defendant’s Motion To Dismiss the Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (See Not. of Mot. (Dkt. No. 23).) For the following reasons, Defendant’s Motion is granted in part and denied in part. I. Background A. Factual Background The following facts are drawn from the Complaint and are assumed to be true for purposes of resolving the instant Motion. See Div. 1181 Amalgamated Transit Union-N.Y. Emps. Pension Fund v. N.Y.C. Dep’t of Educ., 9 F.4th 91, 94 (2d Cir. 2021) (per curiam). 1. Events of September 19, 2017 Plaintiff began attending SUNY Purchase in the Fall of 2016 as a freshman in SUNY Purchase’s Bachelor of Fine Arts program for acting. (See Compl.
68-69.) On Wednesday, April 19, 2017, a group of five SUNY Purchase students gathered in Plaintiff’s dormitory suite in the Crossroads Residence Hall following a theater rehearsal to celebrate one of the student’s birthdays and to watch a movie. (See id.
