97 F. Supp. 3d 448
S.D.N.Y.2015Background
- Yu, a Chinese citizen, attended Vassar College and was expelled in March 2013 after a Title IX investigation and IVP hearing.
- A Complainant reported alleged sexual misconduct by Yu on February 18, 2013, triggering an investigation led by Title IX investigator Horowitz.
- The College Regulations charged Yu with violations of sections 5.05 (sexual misconduct) and 20.2 (non-consensual intercourse); sanctions ranged from probation to expulsion.
- Yu’s account differs from Complainant’s; key evidence includes Facebook messages, witness observations of intoxication, and contemporaneous testimony from witnesses.
- The IVP found Yu responsible and recommended expulsion; Yu appealed, and the Appeal Committee upheld the IVP decision; Yu filed suit seeking relief on multiple state and federal claims.
- Vassar moved for summary judgment; the court granted, concluding no Title IX discriminatory bias or procedural violation proven, and dismissing remaining claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the IVP's outcome was erroneous due to gender bias | Yu argues IVP credibility determinations were biased against him as a male. | Vassar contends the panel’s credibility assessments were based on evidence, not gender bias. | No genuine dispute; no evidence of gender-biased erroneous outcome. |
| Whether Yu shows Title IX discrimination through selective enforcement | Yu claims punishment was harsher due to his gender and points to Facebook messages as exculpatory. | Vassar argues neutral, gender-neutral policy applied; no comparably situated female defendant shown. | Insufficient evidence of selective enforcement; no Title IX violation proved. |
| Whether Vassar complied with procedural due process (private university context) | Yu alleges lack of impartial tribunal, rushed process, and limited cross-examination undermining due process. | Vassar asserts private-university procedures and OCR guidance were followed; no due process violation shown. | No due process violation; procedures complied and cross-examination and notices were adequate. |
| Whether state-law claims (breach of contract, good faith, GBL 349, etc.) survive | Yu asserts contract/GBL claims based on procedural flaws and misrepresentations. | Vassar argues no breach, misrepresentation, or deceptive practice; regulatory compliance defeats claims. | All state-law claims are dismissed as duplicative or unsupported. |
Key Cases Cited
- Doe v. Univ. of the South, 687 F. Supp. 2d 744 (E.D. Tenn. 2009) (limited scope of federal review of University disciplinary proceedings)
- Yusuf v. Vassar Coll., 35 F.3d 709 (2d Cir. 1994) (two categories of Title IX claims: erroneous outcome and selective enforcement)
- Mallory v. Ohio Univ., 76 Fed. Appx. 634 (6th Cir. 2003) (pattern of decision-making; antiquated gender notions not shown)
- Rensselaer S’y of Eng’rs v. Rensselaer Polytechnic Inst., 689 N.Y.S.2d 292 (3d Dep’t 1999) (private university disciplinary due process; non-state actor)
- Brown v. Castleton State Coll., 663 F. Supp. 2d 392 (D. Vt. 2009) (due process and Title IX procedural considerations in campus discipline)
- Celotex Corp. v. Catrett, 477 U.S. 317 (Supreme Court 1986) (summary judgment standard; burden shifting)
