Black Student Expelled for Sexual Assault of White Classmate Seeks Pseudonymity Partly Because “Interracial Sexual Relationships …
No, says the Seventh Circuit, in yesterday’s Doe v. Young, decided by Judges Michael Brennan, Amy St. Eve, and Nancy Maldonado:
After the University of Illinois investigated and dismissed him for sexually assaulting another student [Jane Roe], John Doe sued, arguing that the University’s investigation was discriminatory and violated his right to due process…. The University … charged [Doe] with sexual assault, as well as drug manufacturing, sale, and distribution. Both Doe and Roe reportedly ingested “molly” (a synthetic drug) prior to the events at issue….
Doe alleged that the University—throughout its investigation—subjected him to race, gender, and disability-based discrimination, and failed to provide sufficient due process. He further alleged that his dismissal from the University was a breach of contract….
[T]he [district] court reviewed {two recent decisions from this court addressing the use of pseudonyms by litigants in Title IX student litigation[,] Doe v. Trs. of Ind. Univ (7th Cir. 2024) and Doe v. Loyola Univ. Chi. (7th Cir. 2024)} …. The court rejected Doe’s suggestion that his alleged disabilities (a visual impairment and learning disability) justified proceeding anonymously or that the allegations against him in this case would subject him to acts of violence and harassment….
District judges have the discretion to permit pseudonymous litigation when the balance of harms justifies it. Anonymity can be justified by a minor’s status, a substantial risk of harm, or improper retaliation from a third party. However, plaintiffs may not proceed anonymously merely to avoid reputational damage or embarrassment. A
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