An excerpt from yesterday's decision by Judge Andrew Carter (S.D.N.Y.) in Roe v. Icahn School of Medicine at Mt. Sinai:
The [allegations in the Complaint] are assumed to be true for purposes of the Motion to Dismiss.
In Plaintiff Jane Roe's final semester as a medical student at the Icahn School of Medicine at Mount Sinai ("Defendant"), she reported that a male student, John Doe, had sexually assaulted her in a campus residence hall. After conducting an investigation, Defendant found John Doe responsible for sexual assault and imposed a 20-month suspension on him. Defendant's written determination of John Doe's responsibility found suspension to be the appropriate sanction "[b]ecause the assault did not involve forcible rape or penetration; occurred while the Respondent was under the influence of alcohol; and because there was no evidence presented to the panel of any similar or related acts when the Respondent was not inebriated," noting that suspension would grant John Doe the "opportunity to complete his medical training."
Plaintiff appealed Defendant's chosen sanction and challenged the factors which Defendant applied to come to its decision. In response, Defendant affirmed its prior decision.
Plaintiff sued under Title IX, and the court rejected her claim; some excerpts:
