Allegheny County Judge Chelsa Wagner's decision last week in Doe v. Hardy (Pa. Ct. Com. Pl.), didn't explain its rationale, but here is the argument that the court rejected, which also includes the background factual allegations:
Plaintiff John Doe and Defendant Brian Hardy are both members of the Phi Kappa Tau ("PKT") Fraternity and alumni of the Westminster College chapter. Doe and Hardy maintained their involvement with PKT and the Westminster chapter following their respective graduations. They held various positions with the national fraternity and held advisory board positions with the Westminster chapter.
In 2021, Doe raised concerns regarding a loan received for fraternity house renovations and possible self-dealing and policy violations, which involved Hardy. In retaliation, Hardy took steps to harm Doe's reputation and professional relationships by defaming and disparaging him.
Hardy falsely accused Doe of sexually assaulting a student, being a predator, preying upon vulnerable undergraduate students, victimizing Westminster College students, offering alcohol to underage students, plying underage students with alcohol, regularly visiting the Westminster fraternity house and partying with fraternity brothers, intentionally failing to report fraternity brothers selling drugs and the alleged sexual assault of a student, and having been banned from PKT's headquarters from working in any capacity with undergraduate students.
