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Fizulich v. Killings

Title VI Claim Stemming From Assault by Black Coach Proceeds Against University

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MEMORANDUM DECISION and ORDER I. INTRODUCTION Plaintiff Luke Fizulich (“Fizulich” or “plaintiff”) brings this action against defendants Dwayne Killings (“Killings”) and State University of New York at Albany (the “University”). Plaintiff brings tort claims for assault and battery and tortious interference with a contract against Killings, as well as claims for violations of Title VI of the Civil Rights Act, 42 U.S.C. §2000d-7(b) (“Title VI”), and breach of contract against the University. Killings has answered the amended complaint, but the University moves to dismiss Fizulich’s Title VI and breach of contract claims pursuant to Federal Rules of Civil Procedure (“Rule”) 12(b)(1) and 12(b)(6). The motion has been fully briefed, and the Court will now consider it on the basis of the parties’ submissions without oral argument. II. BACKGROUND1 Fizulich, a white male, is a former student — and member of the men’s basketball team — at the University. Dkt. No. 17 (“Am. Compl.”) 1. Plaintiff alleges that on November 24, 2021, Killings, the Head Coach of Men’s Basketball and a black male, assaulted him during an away game against Eastern Illinois University. Id.

2-3. Other basketball players on the team, as well as other coaches, witnessed the incident. Id. 3. On February 27, 2022, towards the end of the season, plaintiff reported the assault to the University. Id. 6. The University investigated the assault incident and ultimately imposed penalties on Killings, which consisted of a five game suspension from coaching and a fine. Am. Compl.

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