The plaintiffs filed this civil action, using the pseudonyms Jane Does 1 to 5, against George Washington University ("GW") and Kyle Renner, a GW employee being sued in his capacity as GW's General Operations Manager and the plaintiffs' supervisor (collectively, "the defendants"), pursuant to the District of Columbia's Human Rights Act ("D.C. Human Rights Act"),
I. BACKGROUND
All five plaintiffs are female undergraduate students who attend GW. Am. Compl. ¶¶ 24, 37, 46, 71, 83. During the time period relevant to their claims against the defendants, the plaintiffs worked in various roles at the Institute for International Economic Policy ("IIEP"), see
A. Jones's Alleged Conduct
According to the plaintiffs, beginning in March 2017, IIEP staff members complained to Renner about Jones's behavior. See
Jones was also allegedly verbally abusive to women employed in the IIEP. On one occasion, Jane Doe 2's coworker purportedly informed her that "Jones had been 'degrading' Jane Doe 2."
"The female workers, including Jane Doe 5, felt extremely uncomfortable around Jones due to his aggressive behavior and misogynistic comments."
1. Jane Doe 1
Less than a month after Jane Doe 1 started working at the IIEP, Jones allegedly began harassing her. On October 1, 2017, she contends that Jones sent her a text message stating, "oh my god you're so hot."
Two days prior to an upcoming performance,
*58On December 19, 2017, Jane Doe 1 filed a complaint with Renner regarding Jones's behavior. See
Following Jane Doe 1's December 19, 2017 initial complaint to Renner, she contends that Jones "deliberately and intentionally increased his hostility towards her."
On February 7, 2018, "Jane Doe 1 requested that she be demoted to [e]vent staff so that she would not have to interact with Jones anymore."Id. ¶ 67. "Jane Doe 1 was also given the option of working from home."
On April 2, 2018, Jane Doe 1 contends that she was constructively discharged, having been "forced to resign out of her fear of interacting with Jones in the IIEP office."
2. Jane Doe 2
In May 2017, "Jones [allegedly] asked Jane Doe 2 to come over to his apartment."
Throughout the fall of 2017, "Jones [allegedly] continued to torment Jane Doe 2."
On February 2, 2018, Jane Does 2 and 3 met with Renner. See
On March 7, 2018, Jane Doe 2 informed Renner in writing that "four female employees 'and I want to discuss how we feel unsafe in the office.' "
During this meeting, each of the [p]laintiffs detailed the sexual harassment they were exposed to in the workplace, Jones'[s] sexual assaults on female staff members, Jones'[s] demeaning treatment of the female staff members, and Jones'[s] threat to kill a female staff member. The [p]laintiffs also read written statements prepared by two other girls. The [p]laintiffs told Renner that at least 11 female staff members had been impacted by Jones'[s] hostile conduct. The [p]laintiffs told Renner that they felt unsafe working with Jones.
"On March 26, 2018, Jane Doe 2 [contends that she] was constructively discharged by GW."
The next day, Jane Doe 2 received a phone call from the Director of the IIEP, Maggie Chen.
"On April 2, 2018, Jane Doe 2 met with Jen Alexander-Smith from the Office of Student Rights and Responsibilities at GW ('Student Rights Office')."
3. Jane Doe 3
According to Jane Doe 3, a number of her coworkers confided in her about Jones's "sexual misconduct and inappropriate conduct in the office,"
Jane Doe 3 contends that she filed at least four formal complaints with her supervisors about Jones's sexual harassment and assaults. See
On March 30, 2018, Jane Doe 3 "encountered Renner on GW's campus."
4. Jane Doe 4
On September 30, 2017, Jane Doe 4 was at a nightclub with other IIEP staff when "Jones [allegedly] bought ... Jane Doe 4[ ] an excessive number of alcoholic drinks."
*61After purportedly raping Jane Doe 4, the Amended Complaint represents that "Jones bragged in the workplace about his encounter to Jane Doe 4's coworkers."
5. Jane Doe 5
In April 2017, "Jane Doe 5 [represents that she] attended a party in a GW dorm room that was hosted by her IIEP coworker."
B. Renner's Alleged Conduct
Renner, the individual purportedly "authorized to receive complaint[s] regarding workplace misconduct and [to] institute corrective measures,"
Moreover, Renner would allegedly touch Jane Doe 1 and 3. According to Jane Doe 1, during her employment, on multiple occasions, "Renner touch[ed] the small of Jane Doe 1's back while in the workplace, without her permission."
C. This Lawsuit
On May 10, 2018, the plaintiffs filed their Complaint in the Superior Court of the District of Columbia. On June 13, 2018, the defendants removed the case to this Court pursuant to
II. LEGAL STANDARDS
A. Motion For Leave To Proceed with Pseudonyms
Federal Rule of Civil Procedure 10(a) requires that a complaint state all of the names of the parties. Fed. R. Civ. P. 10(a). "Disclosure of the parties' identities furthers the public interest in knowing the facts surrounding judicial proceedings." Doe v. Cabrera,
The "rare dispensation" of allowing parties to proceed pseudonymously is only justified in the "critical case," or the "unusual case," ... include[ing] those in which "identification creates a risk of retaliatory physical or mental harm," those in which "anonymity is necessary to preserve privacy in a matter of [a] sensitive and highly personal nature," and those in which the anonymous party would be compelled to admit criminal behavior or be subject to punishment by the state.
Qualls v. Rumsfeld,
"[I]t is within the discretion of the district court to grant the 'rare dispensation' of anonymity." United States v. Microsoft Corp.,
B. Motion to Dismiss
A Rule 12(b)(6) motion tests whether a complaint "state[s] a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). "To survive a motion to dismiss [under Rule 12(b)(6) ], a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal,
*63In evaluating a motion to dismiss under Rule 12(b)(6), "the Court must construe the complaint in favor of the plaintiff, who must be granted the benefit of all inferences that can be derived from the facts alleged." Hettinga v. United States,
III. ANALYSIS
A. The Plaintiffs' Motion For Leave To Proceed with the Pseudonyms Jane Does 1 to 5
Although the District of Columbia Circuit has not yet adopted a test for evaluating a request to proceed pseudonymously, members of this Court have adopted a five-factor test "in balancing the interests involved." See, e.g., Sandberg v. Vincent,
[ (1) ] [w]hether the justification asserted by the requesting party is merely to avoid the annoyance and criticism that may attend any litigation or is to preserve privacy in a matter of a sensitive and highly personal nature; [ (2) ] whether identification poses a risk of retaliatory physical or mental harm to the requesting party or even more critically, to innocent non-parties; [ (3) ] the ages of the persons whose privacy interests are sought to be protected; [ (4) ] whether the action is against a governmental or private party; and [ (5) ] the risk of unfairness to the opposing party from allowing an action against it to proceed anonymously.
Sandberg,
1. Whether the Use of Pseudonyms Will Preserve Privacy in a Matter of a Sensitive and Highly Personal Nature
The plaintiffs maintain that "[b]ecause this case involves claims of multiple sexual assaults, involving multiple plaintiffs, this case is sensitive and highly personal in nature for the [p]laintiffs." Pls.' Mem. at 3 (quoting Cabrera,
As an initial matter, the Court agrees with the defendants that "[s]exual harassment is not typically considered a *64matter so highly personal as to warrant proceeding by pseudonym." Bernabei,
The defendants claim that because "all five [p]laintiffs are already well known in the IIEP office through [the p]laintiffs' own communications at meetings and on social media," Defs' Opp'n at 7, "the use of the true names of Jane Doe 1 and Jane Doe 3 in the lawsuit would [not] allow anyone to better guess the true identities of the other [p]laintiffs beyond the information already available,"
The defendants also contend that "this case is unlike Bernabei because that was a suit against the alleged perpetrator of a brutal rape, in which the complaint included 'highly personal' matter[s] such as 'graphic details of the alleged rape, including multiple references to the plaintiff's genitalia and her hospital examination,' " Defs.' Opp'n at 7, while "the claims in this case are not made against the alleged perpetrator ...; no similarly 'graphic' details of the alleged sexual assaults are pled in the [Amended] Complaint; and the primary issue is not liability for the alleged rapes themselves," id. at 7-8. Although the Court acknowledges that the plaintiffs' Amended Complaint "is not against [their] assailant ... but is instead at least one step removed" from the alleged incidents of sexual assault, Bernabei,
Accordingly, this factor weighs in favor of the plaintiffs proceeding pseudonymously.
2. Whether There is a Risk of Retaliatory Physical or Mental Harm
The defendants argue that the plaintiffs "do not even suggest that they face 'retaliatory'
*65physical or mental harm by either of the [d]efendants." Defs.' Opp'n at 8 (quoting Qualls,
A showing of either a risk of retaliatory physical harm or a risk of mental harm weighs in favor of granting a plaintiff anonymity in a proceeding involving allegations of sexual assault. See De Amigos, LLC,
Here, the Court finds that public disclosure of the plaintiffs' true identities is likely to result in psychological harm. See Cabrera,
In addition, the Court agrees that "[p]ublic disclosure of [the p]laintiffs' private identities will compound and exacerbate the psychological trauma they have already suffered, especially in the age of the internet."
3. Whether the Plaintiff's Privacy Interests Require the Protection of Pseudonyms in Light of Age
Where victims are not minors, courts are generally less inclined to let the alleged victim proceed in litigation under a pseudonym. See Yaman v. U.S. Dep't of State,
The plaintiffs nevertheless argue that this factor "favors allowing [them] to pursue this lawsuit as Jane Does" because they "have just reached the age of majority, and are young, vulnerable college students." Pls.' Mem. at 5. Furthermore, the plaintiffs allege that "[d]isclosure of their identities could have irreversible harm to their ability to get into graduate schools and their career prospects."
4. Whether the Action is Against a Governmental or a Private Party
In assessing whether pseudonymous litigation is appropriate, courts should also consider whether an accused defendant is a governmental entity or a private party. This consideration is "significant because governmental bodies do not share the concerns about reputation that private individuals have when they are publicly charged with wrongdoing." De Amigos LLC,
The plaintiffs concede that "this factor may not support [their] use of pseudonyms." Pls.' Mem. at 5-6. Nevertheless, they claim that GW "is the second largest employer in the District of Columbia" and that "GW is current[ly] being investigated by the Department of Education for Title IX violations, such as those alleged in this case."
5. Whether Permitting the Use of Pseudonyms is Unfair to the Defendants
"Courts generally find little to no risk of unfairness to an accused defendant in sexual assault cases where discovery does not appear to be inhibited by the plaintiff's desire to proceed anonymously." Cabrera,
The Court concludes that this factor weighs in favor of anonymity because it would not be unfair to the defendants if the plaintiffs continued under pseudonyms for pretrial purposes. The identities of the plaintiffs are already known to the defendants from the plaintiffs' reports to Renner, the ODECE, and other GW employees. See Am. Compl. ¶¶ 58, 97, 99, 101, 103, 107, 110, 113. Furthermore, the defendants would not be prejudiced during discovery. See De Amigos LLC,
The defendants rely on this Court's decision in Cabrera in support of their argument. As the defendants correctly state, this Court in Cabrera was not dissuaded from permitting the plaintiff to proceed anonymously by "the concerns of unfair publicity ... because (1) the defendant's counsel publicly responded to the allegations, and (2) the plaintiff had not 'shared' the details of the assault with more than " 'a few close friends and family members.' "
*68Defs.' Opp'n at 11 (quoting Cabrera,
Accordingly, considering the sensitive and highly personal nature of this case; the risk of psychological harm to the plaintiffs if the plaintiffs' names are made public; and the minimal, if any, unfairness that the plaintiffs' anonymity would cause the defendants, the Court finds that the plaintiffs have demonstrated a legitimate basis for proceeding anonymously and will permit the five plaintiffs to proceed under the pseudonyms Jane Does 1 to 5 throughout the pretrial stages of this case. However, "if [ ] a trial is ultimately needed to resolve th[e] dispute[s in this case], then the defendant[s'] ability to receive a fair trial will likely be compromised if the Court allows the plaintiff[s] to continue using [ ] pseudonym[s]."
B. The Defendants' Motion to Dismiss
1. Count I - Hostile Work Environment in Violation of the D.C. Human Rights Act
The defendants move to dismiss the hostile work environment claims of only Jane Does 1 and 3, arguing that the plaintiffs' allegations do not rise to the level of extreme conduct necessary for viable hostile work environment claims. See Defs.' 2d Mem. at 17-21.
To establish a prima facie case for a hostile work environment claim, a plaintiff must show:
(1) that [s]he is a member of a protected class, (2) that [s]he has been subjected to unwelcome harassment, (3) that the harassment was based on membership in the protected class, and (4) that the harassment is severe and pervasive enough to affect a term, condition, or privilege of employment.
Campbell-Crane & Assocs., Inc. v. Stamenkovic,
*70[are] liable for the misconduct alleged," Iqbal,
A work environment is considered "hostile" only when it is "permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment." Oncale v. Sundowner Offshore Servs., Inc.,
In support of their argument for dismissal, the defendants cite a number of cases from this district, but those cases are either legally or factually inapposite. The defendants chiefly rely on Tucker v. Johnson,
With respect to Jane Doe 1,
With respect to Jane Doe 3, the Amended Complaint alleges that Renner subjected Jane Doe 3 to a hostile work environment by (1) touching her "arm or shoulder," Am. Compl. ¶ 73; (2) "frequently [ ] reach[ing] over [ ] [her] to type on her keyboard while she remain[ed] seated," id.; (3) "routinely comment[ing] on [ ] [her] clothing," id.; (4) dismissing "Jane Doe 3's recommendations in front of the staff" and instead "gave preferential treatment to [her male] co-team leader," id. ¶ 75; and (5) on one occasion, asking "Jane Doe 3 when she intended to get married and have kids," id. ¶ 76.
*732. Count II - Retaliation in Violation of the D.C. Human Rights Act
The D.C. Human Rights Act provides:
It shall be an unlawful discriminatory practice to coerce, threaten, retaliate against, or interfere with any person in the exercise or enjoyment of, or on account of having exercised or enjoyed, or on account of having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected under this chapter.
[T]here is a difference between "adverse actions" that support a claim for discrimination and "materially adverse actions" that support a claim for retaliation. Unlike discriminatory actions, retaliatory actions need not be employment-related or even occur in the workplace, nor must they result in "a materially adverse change in the terms or conditions of one's employment." Nonetheless, the alleged retaliatory action must produce "an injury or harm." The injury or harm must be "material," meaning that it could "dissuade a reasonable worker from making or supporting a charge of discrimination."
Nurriddin v. Bolden,
To establish a causal connection between the engagement in a protected activity and the retaliatory action-in the absence of direct evidence-a plaintiff may show "that the employer had knowledge of the employee's protected activity, and that the discriminatory [or retaliatory] personnel action took place shortly after that activity." Cones v. Shalala,
Although the Amended Complaint contains only one count of retaliation, within that count, the plaintiffs allege that they suffered four discrete acts of retaliation, see Am. Compl. ¶ 123 ("[The d]efendants retaliated against [the p]laintiffs by forcing them to work from home, disciplining them, reducing their hours, and terminating them from their employment with GW."), and also that they were subjected to a hostile work environment as retaliation for engaging in protected activity,
a. Requests for the Plaintiffs to Work from Home
The plaintiffs assert that during their March 9, 2018 meeting with Renner regarding Jones's behavior, Renner "asked the [p]laintiffs to work from home," Am. Compl. ¶ 107, which they contend constituted retaliation, see Pls.' Opp'n at 18-20, 23. The defendants argue in response that "even if [the plaintiffs] had been required to work from home temporarily ..., that would not be ... a 'materially adverse action,' given that there is no allegation that the [p]laintiffs' duties, compensation, or benefits would have changed in any way."
*75Hornsby v. Watt,
The plaintiffs have alleged no "objectively tangible harm" that they specifically suffered by being requested to work from home.
b. Disciplinary Action
The defendants also argue that the plaintiffs do not allege that they were ever actually disciplined. See Defs.' 2d Mem. at 23-28. The plaintiffs do not specifically identify the actions that they view as the retaliatory disciplinary actions taken against them by the defendants; however, they do argue in their opposition that a number of Renner's statements that "attempted to discourage Jane Doe 3 and the [p]laintiffs from pursuing their complaints of harassment," Am. Compl. ¶ 112, were materially adverse, see Pls.' Opp'n at 18, 21, 25. Although it is unclear whether the plaintiffs view these statements as the retaliatory disciplinary actions taken against them, the Court will construe them as such and address each alleged statement in turn.
First, the plaintiffs allege that on December 19, 2017, after Jane Doe 1 filed a complaint with Renner about "Jones'[s] behavior toward her[,] ... Renner responded, 'sometimes you need to work with people that you don't necessarily get along with.' " Am. Compl. ¶ 58. This statement, which was allegedly made by Renner, *76an individual in a supervisory position, in response to Jane Doe 1 divulging that "she felt unsafe working with Jones,"
Second, the plaintiffs allege that on February 23, 2018, during a meeting with Jane Doe 2, "Renner told [her] that to 'follow-up' on her complaint about Jones, there was nothing [he] could do because his 'hands were tied.' " Am. Compl. ¶ 101. The plaintiffs represent that Jane Doe 2 requested that Renner fire Jones, but Renner allegedly repeatedly responded that his "hands were tied" and that she "should work from home and go to therapy."
Third, the plaintiffs allege that on March 30, 2018, Renner told Jane Doe 3 that the plaintiffs were "spreading misinformation" and "making the situation worse." Am. Compl. ¶ 112. The plaintiffs argue that Renner's response of "accus[ing] the [p]laintiffs," Pls.' Opp'n at 25, "discouraged [them] from pursuing their complaints of harassment,"id. The Court agrees with the plaintiffs and concludes that they have sufficiently pleaded that Renner's accusatory response could dissuade a reasonable person from complaining of discrimination. However, because the plaintiffs do not allege that Jane Does 1, 2, 4, or 5 had knowledge of Renner's statement to Jane Doe 3 that the plaintiffs were "spreading misinformation" and "making the situation worse," Am. Compl. ¶ 112, the Court finds that these statements can be considered to have been a materially adverse action only with respect to Jane Doe 3, who was the only plaintiff with knowledge of Renner's statements. See
Lastly, the plaintiffs argue that "GW retaliated against Jane Doe 4 by trying to silence her," Pls.' Opp'n at 25 (citing Am. Compl. ¶ 4), and that Renner ignored Jane Doe 5's complaints of "being raped by Jones, harassed, and ridiculed in the workplace, ... and silenced the female complainants," Pls.' Opp'n at 25 (citing Am. Compl. ¶ 92). However, the plaintiffs fail to allege specific facts regarding how Renner specifically attempted to silence Jane Does 4 and 5. Instead, the Amended Complaint makes broad conclusory allegations *77that the defendants attempted to silence the plaintiffs, see Am. Compl. ¶ 4 ("GW retaliated against the [p]laintiffs for complaining of the sexually hostile workplace and attempted to silence them"), and "the female complainants,"
c. Reduction of Hours
The defendants also move to dismiss the plaintiffs' claim that the defendants retaliated against the plaintiffs for filing complaints against Jones by reducing their hours of work. See Defs.' 2d Mem. at 23-28. As an initial matter, the plaintiffs do not allege any facts that would support their claim that the hours of Jane Does 2, 4, and 5 were actually reduced. Therefore, the Court grants the defendants' motion to dismiss the retaliation claims of Jane Does 2, 4, and 5 based on the allegation that the defendants reduced their hours and addresses only the plaintiffs' retaliation claims pertaining to Jane Does 1 and 3 as to this specific alleged adverse action. With respect to Jane Doe 1, the plaintiffs allege that "[f]ollowing [Jane Doe 1's] initial complaint to Renner, Jones deliberately and intentionally increased his hostility" toward Jane Doe 1 and "disparaged [her] to her supervisor, ... [who] told her that she was not allowed to work the event that evening even though the event was understaffed," Am. Compl. ¶ 66, and that "[t]his was all in retaliation for Jane Doe 1's complaint to Renner,"
With respect to Jane Doe 3, the defendants argue that although she alleges that she chose to "cut back significantly on her hours," Am. Compl. ¶ 81, she "does not allege that the [d]efendants required or asked her to do so," Defs.' 2d Mem. at 23. The Court agrees with the defendants. The plaintiffs allege that "the work environment grew more hostile for Jane Doe 3 after she became an advocate for the other female workers," Pls.' Opp'n at 24 (citing Am. Compl. ¶ 81), and "[a]s a result, she significantly cut back her hours at the office, which adversely affected her work performance as she was unable to interact with her team directly or her faculty supervisor and prevented her from performing her job duties, thereby impacting the terms and conditions of her employment,"
In sum, the Court concludes that the plaintiffs have not pleaded sufficient facts to state a claim for retaliation under the D.C. Human Rights Act with respect to Jane Does 2, 3, 4, and 5 based on the allegation that the defendants reduced their hours, but that a reasonably jury could find that the defendants' refusal to allow Jane Doe 1 to work the evening event constituted a materially adverse action taken in retaliation for her protected activity. Therefore, the motion to dismiss is granted with respect to the retaliation claims of Jane Does 2, 3, 4, and 5 that the defendants retaliated against them by reducing their hours, but is denied as to Jane Doe 1.
d. Creation of a Hostile Work Environment
This Circuit has recognized that a hostile work environment can amount to a materially adverse action and therefore can satisfy the second element of *79a retaliation claim. See Baird v. Gotbaum,
The plaintiffs allege that the "harassing, reckless, wrongful, willful and malicious treatment ... by the [d]efendants solely because [they] made complaints of sexual harassment and objected to discriminatory conduct ... is retaliation with the meaning of the D.C. Human Rights Act."
As an initial matter, the Court must first address the defendants' argument that the plaintiffs, with respect to Jane Does 1, 2, and 3, have failed to show that Jones had knowledge of their protected activity in order to establish a causal connection for a retaliation claim. See id. at 24-25, 28; see also Defs.' Reply at 11-12. Because, at the motion to dismiss stage, the hurdle of alleging a causal link is not a high one, see Jones v. Bernanke,
The Court next addresses the defendants' argument that "[c]ourts have [ ] only treated a hostile environment as retaliatory if its intensity or character changes after protected activity." Defs.' Reply at 10. The defendants rely on a number of cases to suggest that in order to establish a retaliation claim based on a hostile work environment, the plaintiffs must allege "that the work environment became 'more hostile' toward the plaintiff[s] after [their] complaints," Defs.' 2d Mem. at 25 (citing Peters v. District of Columbia,
*81The plaintiffs allege a number of instances from which the Court can reasonably infer that the plaintiffs were subjected to a hostile work environment after their complaints were lodged. As to Jane Doe 1, the Amended Complaint alleges that "[f]ollowing [Jane Doe 1's] initial complaint to Renner, Jones deliberately and intentionally increased his hostility towards her." Am. Compl. ¶ 66. More specifically, the plaintiffs claim that Jones "treat[ed] Jane Doe 1 with hostility and harass[ed] her as she quietly did her work,"
The plaintiffs also sufficiently allege a retaliation claim based on a hostile work environment that is plausible on its face with respect to Jane Does 2, 4, and 5. The plaintiffs allege that Jones had a "sexual rating system of the women he raped," Am. Compl. ¶ 32, "publicly announced to the IIEP staff members his sexual rating of the female coworkers from best to worse,"
Lastly, the plaintiffs allege facts that allow the Court to infer that Jane Doe 3 suffered a hostile work environment after she complained to Renner.
In sum, the Court finds that the plaintiffs have sufficiently pleaded facts that support their position that they were subjected to a hostile work environment in retaliation for reporting Jones's behavior to Renner. Accordingly, the Court denies the defendants' motion to dismiss the plaintiffs' retaliation claim based on a hostile work environment.
e. Constructive Discharge
The plaintiffs also allege that the defendants retaliated against them by "terminating them from their employment with GW." Am. Compl. ¶ 123. Because the Court agrees with the defendants that the plaintiffs do not allege that Jane Does 3, 4, and 5 were terminated, see Defs.' 2d Mem. at 23, 28; see also Am. Compl. ¶¶ 35, 69 (alleging that only Jane Does 1 and 2 were constructively discharged), it grants the defendants' motion to dismiss the retaliation claims of Jane Does 3, 4, and 5 based on the allegation that they were terminated in retaliation for complaining and addresses only the defendants' arguments with respect to Jane Does 1 and 2. The defendants argue that the allegation that Jane Doe 1 was constructively discharged *83on April 2, 2018, "does not support a retaliation claim because the alleged constructive discharge was not supported by well pled allegations." Defs.' 2d Mem. at 26 (internal quotation marks omitted). They also argue that Jane Doe 2 has "not shown that she had no option but to end her employment, and was not constructively terminated as a matter of law." Id. at 27-28 (internal quotation marks and citation omitted). The defendants contend that " 'something more' than ... a hostile work environment" is required to support a constructive discharge claim. Defs.' Reply at 10 (quoting Walden v. Patient-Centered Outcomes Research Inst.,
To establish a retaliation claim based on constructive discharge, "a plaintiff must show that [ ]she was retaliated against because of [ ]her [protected] activity and that retaliation constituted intolerable working conditions in which a reasonable person in similar circumstances would have felt compelled to resign." Downey v. Isaac,
Here, the plaintiffs have pleaded sufficient facts that support that Jane Does 1 and 2 were constructively discharged in retaliation for complaining about Jones's behavior. The plaintiffs allege that Jane Doe 1 was "forced to resign out of her fear of interacting with Jones," Am. Compl. ¶ 69, and that Jane Doe 2, in her resignation letter to Renner, wrote that "[w]orking in the recent months at [the] IIEP has been a terrible experience," that the IIEP's "inability or unwillingness to protect [her] ... from a clear and imminent threat has been disheartening," and that "after putting forth so many months of fighting for my safety and seeing little to nothing happening, I am no longer willing to work under the [IIEP]." Id. ¶ 109. At this stage in the litigation, these facts, taken in conjunction with the Court's conclusion in Part III.A.2.d. of this Memorandum Opinion, supra, that Jane Does 1 and 2 were subjected to hostility in their work environment as a result of their respective complaints to Renner, support the inference that this hostility "constituted intolerable working conditions in which a reasonable person in similar circumstances would have felt compelled to resign." Downey,
3. Count III - Gender Discrimination in Violation of the D.C. Human Rights Act
The plaintiffs claim that the defendants discriminated against them because of their gender. See Am. Compl. ¶ 133. The defendants argue that "[the p]laintiffs' claim of [ ] gender discrimination is based almost entirely on the same allegations of a hostile work environment that form the basis of the [D.C. Human Rights Act] hostile-environment claim in Count I." Defs.' 2d Mem. at 29. According to the defendants, "duplicative claims of a hostile work environment are unnecessary."
*84fail to state a claim.
As to the defendants' first argument, the Court disagrees with the defendants and finds that the plaintiffs' gender discrimination claims are not duplicative of their hostile work environment claims. "A court may dismiss duplicative claims in its discretion." WMI Liquidating Trust v. FDIC,
(1) that [s]he is a member of a protected class, (2) that [s]he has been subjected to unwelcome harassment, (3) that the harassment was based on membership in the protected class, and (4) that the harassment is severe and pervasive enough to affect a term, condition, or privilege of employment.
Campbell-Crane,
(1) she is a member of a protected class, (2) she suffered an adverse employment action, and (3) the unfavorable action gives rise to an inference of discrimination, that is, an unfair inference that her employer took the action because of her membership in a protected class.
Miles v. Univ. of the D.C., Civ. Action No. 12-378,
The defendants also argue that the plaintiffs' remaining allegations that "are not based on hostile environmental allegations ... are insufficient to state a claim." Defs.' 2d Mem. at 30. Specifically, they contend that although the Amended Complaint alleges that the defendants "provided 'due process rights to men (specifically to Jones) greater than those afforded to [the p]laintiffs because of their gender; and implemenet[ed] and execut[ed] Title IX investigations and procedures differently for female students because of their gender,' "
The defendants also contend that the allegation that the plaintiffs "were subjected to 'different terms and conditions of their employment' when they were advised to 'work from home' pending termination procedures" also fails to state a claim
4. Count IV - Aiding and Abetting in Violation of the D.C. Human Rights Act
The defendants argue that the plaintiffs' aiding and abetting claim should be dismissed because "it is entirely duplicative of Counts I ( [ ]hostile environment) and II ( [ ]retaliation)[.]" Defs.' 2d Mem. at 31. The Court disagrees.
As noted earlier, "[a] court may dismiss duplicative claims in its discretion." WMI Liquidating Trust,
In Count I, the plaintiffs claim that "GW and Renner fostered, accepted, ratified, and/or otherwise failed to prevent or to remedy a hostile work environment that included, among other things, severe and pervasive harassment of [the p]laintiffs because of their gender." Am. Compl. ¶ 117. Count II alleges that "[the d]efendants retaliated against [the p]laintiffs by forcing them to work from home, disciplining them, reducing their hours, and terminating them from their employment with GW." Id. ¶ 123. Count II further alleges that "GW took no remedial measures in response to [the p]laintiffs' complaints. Instead[,] the hostile environment continued and grew worse as more unsuspecting women were preyed upon by Jones." Id. ¶ 126. In Count IV, the plaintiffs contend that because "Renner and GW knew or should have known about Jones['s] and Renner's discriminatory and retaliatory conduct in violation of the [D.C. Human Rights Act] and failed to stop it," Am. Compl. ¶ 139, they "unlawfully aided and abetted the discriminatory and retaliatory conduct" in violation of
The defendants also argue that "if the claims of Jane Does 1 and 3 in Count I are dismissed and all [of the p]laintiffs' claims in Count II are dismissed, the corresponding 'aiding and abetting' claims should also be dismissed," Defs.' 2d Mem. at 32, because "an individual cannot be liable under the aiding and abetting provision absent an underlying direct violation of the [D.C. Human Rights Act],"
5. Count V - Negligent Training, Supervision, and Retention
The plaintiffs allege that GW negligently breached its duty to train and supervise its employees. Am. Compl. ¶ 145. Because of these failings, the plaintiffs allege that "[i]t was foreseeable to [ ] GW that the failure to train its employees, including Renner and Jones, would result in [ ] sexual harassment in the IIEP office and [would] cause harm to its employees[.]" Id. ¶ 146. The defendants counter that the plaintiffs' claims regarding negligent training and supervision should be dismissed because "the tort of negligent supervision applies only to common law causes of action." Defs.' 2d Mem. at 32.
The District of Columbia Court of Appeals held that "a common law claim of negligent supervision may be predicated only on common law causes of action or duties otherwise imposed by the common law. A claim that an employer negligently supervised an employee who has sexually harassed a co-employee does not transmute sexual harassment into a common law tort." Griffin v. Acacia Life Ins. Co.,
The plaintiffs contend that their "negligent training and supervision claims are not predicated on the [D.C. Human Rights Act], but instead [on] the common law torts of battery, assault, and intentional infliction of emotional distress committed by ... Jones." Pls.' Opp'n at 30. However, like the employee in Griffin, the plaintiffs have failed to plead any common law causes of action. See generally Am. Compl. Accordingly, the plaintiffs did not predicate their negligent training and supervision claim on a common law cause of action, the Court must therefore grant the defendants' motion to dismiss Count V of the Amended Complaint.
6. Count VI - GW's Indifference to Sexual Harassment in Violation of Title IX
The plaintiffs claim that "GW created and/or subjected [the p]laintiffs to a hostile educational environment in violation of Title IX." Am. Compl. ¶ 150. They contend that the "sex-based harassment endured by [the p]laintiffs was so severe, pervasive, and objectively offensive [such] that it deprived [the p]laintiffs of access to educational opportunities or benefits provided by GW." Id. ¶ 149. In response, the defendants *88argue that the plaintiffs fail to show that Jane Does 1 and 3 "suffered from harassment 'so severe, pervasive, and objectively offensive' to bar them from an educational opportunity," Defs.' 2d Mem. at 35, and that they do "not claim 'deliberate indifference' to [ ] Renner's alleged harassment of Jane Does 1 and 3," id. at 33.
Title IX prohibits sex discrimination by recipients of federal education funding. See Jackson v. Birmingham Bd. of Educ.,
For the same reasons that the Court already concluded that Jane Does 1 and 3 were subjected to severe or pervasive harassment for the purposes of their hostile work environment claim,
*89As further grounds for challenging the sustainability of the plaintiffs' Title IX claims, the defendants also argue that the plaintiffs do "not allege that [GW] was deliberately indifferent to the alleged harassment of Jane Does 1 and 3 by [ ] Renner." Defs.' 2d Mem. at 36. They contend that "[e]ven if such a claim had been made, it would be deficient because there is no allegation that any [GW] manager above [ ] Renner, with authority to take corrective measures, had actual knowledge of his alleged conduct, as required."
7. Count VII - GW's Retaliation in Violation of Title IX
The defendants argue that the plaintiffs "allege in a vague and conclusory fashion that they were all denied 'their rights under Title IX.' "
"Retaliation against a person because that person has complained of sex discrimination is another form of intentional sex discrimination encompassed by Title IX's private cause of action." Jackson,
The defendants first argue that the plaintiffs' Title IX retaliation claim should be dismissed because "there are no specific allegations in the [Amended] Complaint to show that the claimed 'rights' were denied to any of the [p]laintiffs." Defs.' 2d Mem. at 38. To the extent that the plaintiffs allege that the defendants retaliated against them by denying the plaintiffs their Title IX rights, the Court agrees that the allegations following the Count itself are deficient because the plaintiffs fail to sufficiently plead facts that would support their conclusion. However, because the plaintiffs "reallege and incorporate by reference the allegations contained in the proceeding paragraphs" of the Amended *91Complaint, Am. Compl. ¶ 159, the Court finds that they have preserved the "five adverse actions" alleged in support of their retaliation claims under the D.C. Human Rights Act, which are as follows:
"(1) forc[ing] them to work from home; (2) subject[ing] them to an increasingly hostile work environment[, by] forcing them to work in close proximity to their assaulter or harasser; (3) reassign[ing] Jane Doe 1's job responsibilities; (4) ridicul[ing] them by stating Jane Doe 2 should go to therapy; and ( [5] ) threaten[ing] them by accusing them of "spreading misinformation" and "making the situation worse."
Pls.' Opp'n at 36.
The defendants, in their reply to the plaintiffs' opposition, argue that "[i]n the alternative, the Title IX retaliation claims described for the first time in the [o]pposition would be insufficient-had they actually been plead-for the same reasons as the [D.C. Human Rights Act] retaliation claims." Defs.' Reply at 21. They also argue that "[t]here is simply no factual allegation in the [Amended C]omplaint which suggests a causal connection between the act of reporting the sexual harassment and the school's alleged failure to respond appropriately,"
With respect to the defendants' third argument that the plaintiffs' Title IX retaliation claim must be dismissed because "the alleged retaliation includes [the] same acts or omissions which [the p]laintiffs allege constituted 'deliberate indifference' to sexual harassment, with no attempt to show that [the] acts or omissions occurred because of [the p]laintiffs' complaints," Defs.' 2d Mem. at 39, the Court disagrees with the defendants. In support of their argument, the defendants suggest that the principles that applied in Cavalier apply here. See Defs.' Mem at 39-40. However, this case does not implicate the same facts that existed in Cavalier. In Cavalier, the defendant argued that the alleged retaliatory action were "not retaliatory at all; rather[,] they are the same conduct on which [the plaintiff] bases her Title IX-deliberate indifference claim." Cavalier,
IV. CONCLUSION
For the foregoing reasons, the Court concludes that it must deny the defendants' motion to dismiss the original Complaint as moot in light of the plaintiffs' filing of the Amended Complaint. The Court also concludes that it must grant the plaintiffs' motion for leave to proceed under the pseudonyms Jane Does 1 to 5, but only during the pretrial components of the case. Moreover, the Court concludes that it must deny the defendants' motion to dismiss the Amended Complaint for lack of subject matter jurisdiction as moot in light of the Court's granting of the plaintiffs' motion for leave to proceed during all pretrial proceedings with the pseudonyms Jane Does 1 to 5.
In addition, the Court concludes that it must grant in part and deny in part the defendants' motion to dismiss for failure to state a claim. Specifically, as to the plaintiffs' claims in Counts II and VII, the Court concludes that it must grant the motion with respect to all plaintiffs' claims based on Renner's alleged relocation request, the claims of Jane Does 4 and 5 based on Renner's alleged disciplinary statements, the claims of Jane Does 2, 3, 4, and 5 based on Renner's alleged reduction of their hours, and the claims of Jane Does 3, 4, and 5 that the defendants retaliated against them by forcing them to resign. The Court also concludes that it must grant the defendants' motion to dismiss as to Count III with respect to the plaintiffs' gender discrimination claim based on the alleged denial of the plaintiffs' due process rights, unequal implementation of Title IX, and Renner's suggestion that the plaintiffs work from their homes. The Court also concludes that it must grant the defendants' motion to dismiss Count V. The Court further concludes that it must grant the defendants' motion to dismiss the Title IX-deliberate indifference claims of Jane Does 1 and 3 in Count VI based on Renner's alleged conduct. The Court further concludes that it must also grant the defendants' motion to dismiss the plaintiffs' Title IX-retaliation claim in Count VII with respect to alleged retaliation in the form of denial of their Title-IX rights. Finally, the Court concludes that the defendants' motion to dismiss is denied in all other respects.
Accordingly, the Court will grant in part and deny in part the defendants' motion to dismiss.
*93SO ORDERED this 27th day of March, 2019.
In addition to the filings already identified, the Court considered the following submissions in rendering its decision: (1) the Defendants' Memorandum in Support of [the Defendants'] Motion to Dismiss the First Amended Complaint ("Defs.' 2d Mem."); (2) the Plaintiffs' Memorandum of Points and Authorities in Opposition to [the] Defendants' Motion to Dismiss [the] First Amended Complaint ("Pls.' Opp'n"); (3) the Defendants' Reply Memorandum in Further Support of [the Defendants'] Motion to Dismiss the First Amended Complaint ("Defs.' Reply"); (4) the [Plaintiffs'] Statement of Points and Authorities in Support of [the] Plaintiffs' Motion for Leave to Proceed with the Pseudonyms Jane Does 1-5 ("Pls.' Mem."); (5) the Defendants' Opposition to [the] Plaintiffs' Motion for Leave to Proceed with the Pseudonyms Jane Does 1-5 ("Defs.' Opp'n"); and (6) the [Plaintiffs'] Reply Brief in Support of [the] Plaintiffs' Motion for Leave to Proceed with the Pseudonyms Jane Does 1-5 ("Pls.' Reply").
The defendants filed a motion to dismiss the Complaint in its entirety as to Jane Does 1 and 3, as well as Counts III and V as to the remaining plaintiffs, for failure to state a claim. "This motion became moot when [the] plaintiff[s] filed [their] [ ] Amended Complaint and therefore will be denied." Baltierra v. W. Va. Bd. of Med.,
The plaintiffs also allege that, on one occasion, after a female coworker "stood up to Jones ... to address his misogynistic conduct," Jones shouted at her and stated that she would "have to get used to things like that if [she] ever want[ed] to be successful in a work environment." Am. Compl. ¶ 41. However, it is unclear whether the plaintiffs are referencing the same occurrence. Because of the similarities of Jones's statements, the Court will construe it as the same incident.
It is unclear from the Amended Complaint what is being referenced by the term "performance," e.g., the performance of a job or non-job related activity, or an evaluation of Jane Doe 1's performance.
The defendants rely on Qualls to support these arguments. However, Qualls does not assist the defendants. In Qualls, the district court did not permit the plaintiffs to proceed under pseudonyms because the plaintiff alleged only "fears of embarrassment or vague, unsubstantiated fears of retaliatory actions by higher-ups." Qualls,
Even if the defendants' arguments with respect to this factor are correct, "the Court places less weight on this factor, because [the p]laintiffs have already satisfied the first factor and shown that this case involves a matter of a sensitive and highly personal nature." J.W.,
The defendants also argue that this factor supports their position because of the shrill content and vilification in the Amended Complaint. Defs.' Opp'n at 10. However, because the defendants do not sufficiently support this argument with legal authority, the Court cannot conclude that the defendants are entitled to a favorable finding on that basis.
The Court's reason for this position is that permitting parties to proceed to trial with the use of pseudonyms potentially conveys overtly, or at least subliminally, the Court's perception that significant harm has been sustained in requiring the concealment of the plaintiffs' true identities. And because the Court cannot in any way suggest to a jury that it favors one side over the other, the possible advantage obtained through judicially authorized use of pseudonyms cannot be condoned.
The Court emphasizes that granting the plaintiffs' motion is necessarily a preliminary determination, requiring the Court to make the decision based on the plaintiffs' allegations and submissions to the Court. This ruling should not be read to suggest that the Court may not reverse its position on anonymity should circumstances change, warranting a different result. In that regard, counsel and the parties themselves should appreciate that the Court will not tolerate attempts to gain an advantage through the use of the media, including social media. Therefore, should the parties, their counsel, or others acting on their behalf, cause further unnecessary dissemination of public comment about this case, the Court's position on the plaintiffs' anonymity, both at the pretrial and trial stages, may change.
The defendants do not dispute whether the plaintiffs have sufficiently pleaded the remaining elements of a hostile work environment claim. See generally Defs.' 2d Mem. at 15-21. Therefore, the Court will address only the defendants' argument regarding the fourth element of a hostile work environment claim-whether the alleged conduct was severe and pervasive.
In deciding the plaintiffs' claims arising under the D.C. Human Rights Act, the Court, at times, will rely upon decisions of the federal courts in Title VII cases because it is well-established that the D.C. Human Rights Act and Title VII claims are analyzed using the same legal standards. See e.g., Elhusseini v. Compass Grp. USA, Inc.,
See e.g., Walden v. Patient-Centered Outcomes Research Inst.,
"The scope of [the] plaintiff[s'] hostile work environment claim based on gender ... exclude[s] claims that bear no correlation to [the] plaintiff[s'] gender." Whorton v. Washington Metro. Area Transit Auth.,
The Court generally agrees with the defendants that comments made by Jones or Renner "outside Jane Doe 1's presence, or directed at others, do not support a hostile-environment claim." Defs.' 2d Mem. at 21; see also Clemmons v. Acad. for Educ. Dev.,
For the reasons already discussed above, the Court will only consider the allegations that Jane Doe 3 experienced first-hand and those that are sufficiently tied to Jane Doe 3's gender.
The plaintiffs contend that the defendants' "retaliation against the [p]laintiffs has continued since the filing of this lawsuit," Pls.' Opp'n at 26, because the "[d]efendants are opposing [the p]laintiffs' efforts to proceed anonymously in this lawsuit,"
The Court notes that the plaintiffs need not allege, as the defendants suggest, that the plaintiffs' "duties, compensation, or benefits would have changed in any way." Defs.' 2d Mem. at 23. "The concept of 'adverse action' in the retaliation context is broader than in the discrimination context and can encompass harms unrelated to employment or the workplace 'so long as "a reasonable employee would have found the challenged action materially adverse." ' " Franklin v. Potter,
The plaintiffs claim that "the forced relocation is by itself a material adverse action." Pls.' Opp'n at 20 (citing Loya v. Sebelius,
Although, with respect to Jane Doe 1, the plaintiffs argue in their opposition to the motion to dismiss that "[f]orcing Jane Doe 1 to work from home ... was a materially adverse employment action" because it "isolated her from her coworkers, interfered with the performance of her job responsibilities, and reflected poorly on her job performance with her faculties supervisors," Pls.' Opp'n at 19 (citing Am. Compl. ¶ 70), they fail to allege in their Amended Complaint that these harms were specifically caused by Renner's request that Jane Doe 1 work from home, which is fatal to Jane Doe 1's claim, see St. Francis Xavier Parochial Sch.,
It is unclear from the Amended Complaint whether "female complainants" refers to the plaintiffs or to women other than the plaintiffs. However, even if the Court construes all reasonable inferences in the light most favorable to the plaintiffs, as it must, this allegation would nevertheless be insufficient to support the claims of Jane Does 4 and 5 because it fails to show how Renner specifically attempted to silence them.
The defendants argue that the allegation that "[t]his was all in retaliation for Jane Doe 1's complaint to Renner," Am. Compl. ¶ 66, "contradicts the earlier part of the paragraph (attributing the change to [ ] Jones'[s] disparagement), and is a conclusory, 'threadbare' allegation that is insufficient to support the retaliation claim," Defs.' 2d Mem. at 25 n.10 (citation omitted). However, the plaintiffs' legal conclusion is supported by its preceding factual allegations, of which the Court assumes the veracity, as it must, and determines that they plausibly give rise to an entitlement to relief. See Iqbal,
The Court also disagrees with the defendants that "the [Amended] Complaint alleges that an unnamed 'supervisor' (not necessarily [ ] Renner) did not allow her to work," and that the complaint "cannot be rewritten to state that the cause of the work non-assignment was retaliation by [ ] Renner," Defs.' Reply at 11. Construing, as it must, all reasonable inferences in the light most favorable to the plaintiffs, the Court finds that the unnamed supervisor could have been Renner.
The defendants also argue that "the [Amended] Complaint's factual allegations do not present any 'plausible' basis for the conclusory speculation that [ ] Jones knew" of Jane Doe 1's initial report to Renner, Defs.' 2d Mem. at 26, and that consequently, "as a matter of law[,] he could not have retaliated for Jane Doe 1's protected action when he was unaware of it,"
The case law of this Circuit is unclear as to whether a plaintiff is required to plead a claim of retaliatory hostile work environment separate and apart from a hostile work environment claim or retaliation claim. Compare Brooks,
The plaintiffs also argue that "[b]y leaving Jane Doe 3 completely helpless to respond to her female coworkers' complaints of sexual assault and harassment, [the defendants] violated the statutory retaliation provision of the [D.C. Human Rights Act]," Pls.' Opp'n at 23, and that "[b]y ignoring Jane Doe's complaints of discrimination filed on behalf of her female subordinates, [the d]efendants 'coerced' Jane Doe 3 into allowing the hostile work environment to continue to exist for her subordinates, when she had a duty as a supervisor to address those complaints," id. at 24. They also opine that "[b]y ignoring, and/or covering up, Jane Doe 3's complaints of a hostile work environment filed on behalf of her coworkers, [the d]efendants 'required' Jane Doe 3 to 'interfere' and 'intimidate' those coworkers that had complained of discrimination." Id. at 23-24. However, as noted earlier, Federal Rule of Civil Procedure 8(a)(2) requires the plaintiffs to plead "a short and plain statement of the claim showing that the pleader is entitled to relief," in order to "give the defendant fair notice of what the ... claim is and the grounds upon which it rests." Twombly,
The Amended Complaint also alleges that the defendants discriminated against the plaintiffs on the basis of their gender by
subjecting them to a hostile work environment ...; subjecting them to sexually suggestive remarks, and sexually suggestive touching ...; subjecting them to a workplace environment where they were forced to silently endure sexual advances and sexual advancement to maintain their positions; subjecting them to a workplace environment where regular and pervasive comments were made demeaning women in general; subjecting them to a workplace environment with regular and persistent unwelcome sexual advances, requests for sexual favors, verbal and physical harassment ...; failing to take Plaintiffs' complaints of sexual harassment and hostile work environment seriously ...; creating a workplace where women are subordinate to men and subject to physical touching, demeaning, and insulting comments."
Am. Compl. ¶ 133. However, the defendants have not moved to dismiss these gender discrimination claims. Therefore, the Court will only address the defendants' arguments with respect to the allegations that the defendants discriminated against the plaintiffs on the basis of their gender by "subjecting them to different terms and conditions of their employment - specifically advising them to work from home - because of their gender; [and] providing due process rights to men (specifically to Jones) greater than those afforded to Plaintiffs because of their gender; and implementing and executing Title IX investigations and procedures differently for female students because of their gender."
The defendants also argue that this allegation also fails to state a claim because the allegation that the plaintiffs were "offered the option to work from home after registering concerns for their safety does not create an inference that [the d]efendants "took the action because of" [the p]laintiffs' gender," Defs.' 2d Mem. at 30 (citation omitted), but "[r]ather, it only shows that an accommodation was offered to persons who expressed concerns for their safety, and there is no allegation that anyone who expressed concerns for their safety-male or female-was not offered the same option,"
Because Count V is dismissed, the Court will not address the defendants' additional argument that the plaintiffs failed to show that GW knew or should have known of Jones' assaults prior to a report being made. Defs.' 2d Mem. at 33.
The Title IX standard for a hostile educational environment has been held by a former member of this Court as equivalent to the Title VII standard for a hostile work environment, see Pinkney v. Robinson,
The Court notes that the plaintiffs have sufficiently pleaded that the alleged harassment affected their terms of employment, as well as their educational opportunities. See Am. Compl. ¶¶ 36, 45, 70, 82, 92.
In their reply to the plaintiffs' opposition, the defendants raise several arguments for the first time regarding whether GW had actual knowledge of any alleged harassment of Jane Doe 1 by Jones. See Defs.' Reply at 19. In their motion to dismiss itself, the defendants only argue that the plaintiffs do "not allege that [GW] was deliberately indifferent to the alleged harassment of Jane Does 1 and 3 by [ ] Renner," Defs.' 2d Mem. at 36 (emphasis added), and not Jones. Therefore, in accordance with the "well-settled prudential doctrine that courts generally will not entertain new arguments first raised in a reply brief," Lewis v. District of Columbia,
The plaintiffs assert denial of the following fifteen "rights" ("Title IX rights"):
(a) Respectful treatment throughout the process, regardless of outcome; (b) University counseling services; (c) Be informed about the student judicial process on an ongoing basis; (d) Access case file within legal parameters; (e) A no contact order with the other party throughout the process; (f) To have an advisor of your choosing present with you during any and all phases of the investigation and hearing; (g) A thorough, prompt, and equitable investigation and resolution of a complaint; (h) Opportunity to submit a written statement addressing the allegations and to provide evidence and witnesses; (i) Be informed of the university's code of conduct for students, faculty, and staff, including anticipated timelines and possible outcomes of a complaint; (j) Request protective measures, remedies, support, and resources; (k) Protection against retaliation from any university staff or student; (l) A free forensic exam from a Sexual Assault Nurse Examiner; (m) The option to notify law enforcement, independent of campus process; (n) Receive assistance modifying academic or housing situation; and, (o) Not to have to interact face-to-face with the respondent at any time during the process.
Am. Compl. ¶ 160.
The defendants also argue that the plaintiffs "do not indicate a legal source of the claimed rights[,] Title IX does not list any of these rights in the statute, and no private cause of actions has been recognized for the enforcement of Title IX regulations or administrative guidances." Defs.' 2d Mem. at 38 (internal quotation marks omitted) (citing Gebser,
It is not entirely clear whether the defendants intend their second argument to contest the causal connection requirement; however, the Court construes it as such because, contrary to the defendants' argument, the plaintiffs need not show a causal connection between the act of reporting the sexual harassment "and the school's alleged failure to respond appropriately," Defs.' 2d Mem. at 39, but rather the specific alleged retaliatory acts, which in this case is not the "school's alleged failure to respond appropriately," as the defendants suggest,
Specifically, the motion to dismiss is granted with respect to the plaintiffs' retaliation claim based on Renner's request that the plaintiffs work from home, with respect to the claims of Jane Does 4 and 5 that the defendants retaliated against them by disciplining them, with respect to the claims of Jane Does 2, 3, 4, and 5 that the defendants retaliated against them by reducing their hours, and with respect to the claims of Jane Does 3, 4, and 5 that the defendants retaliated against them by forcing them to resign. The motion is also granted to the extent that the plaintiffs allege that the defendants retaliated against them by denying them their Title IX rights.
The Court will contemporaneously issue an Order consistent with this Memorandum Opinion.