From Doe v. Univ. of S. Ind., decided yesterday by Judge David Hamilton, joined by Chief Judge Michael Brennan and Judge Amy St. Eve:
Plaintiff-appellant "John Doe" was a student at the University of Southern Indiana (USI) in the 2020–21 academic year. He was the subject of a Title IX complaint accusing him of sexually assaulting another student. A hearing panel heard testimony from John, from the complaining student (we call her "Jane Doe"), and several other witnesses. The panel wrote that the issue was "whose version of events is more credible, as the details of each are irreconcilable." The panel found that Jane's account was more credible—in part because, in the panel's view, her account had been "consistent over time" while John's account had changed. The panel found by a preponderance of the evidence that John had committed "Rape and Forcible Fondling." John was suspended from the university for three semesters in 2021. He has not returned since and has no intention of returning in the future.
After the hearing panel's decision, John quickly filed this lawsuit, which defendants removed to federal court. He has alleged that USI discriminated against males, including him, in violation of Title IX; that USI and other defendants deprived him of protected liberty and property interests without due process; and that defendants intentionally inflicted emotional distress on him through outrageous conduct. The district court denied John's request for a preliminary injunction, and this court affirmed.
John then learned through discovery that Title IX officials at USI created memoranda of early conversations with John and Jane. Those memoranda showed at least arguably (1) that John's account actually was consistent over time and (2) that Jane's account was not consistent over time. USI had not disclosed those records to John or to any Title IX decisionmakers, thus calling into question the foundation for the hearing panel's decision on the merits. In Title IX cases, however, federal courts do not conduct any direct appellate review of such decisions by educational institutions. The district court ultimately granted summary judgment for defendants on all of plaintiff's claims….
Before we issue any decision on the jurisdictional or merits issues, we must confront the logically prior procedural issue: whether plaintiff may proceed under the John Doe pseudonym or whether he must instead proceed in this court using his real name….
