Doe v. Ohio State University

136 F. Supp. 3d 854, 2016 U.S. Dist. LEXIS 7700, 2016 WL 270205
CourtDistrict Court, S.D. Ohio
DecidedJanuary 22, 2016
DocketCase No. 2:15-cv-2996
StatusPublished
Cited by8 cases

This text of 136 F. Supp. 3d 854 (Doe v. Ohio State University) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Ohio State University, 136 F. Supp. 3d 854, 2016 U.S. Dist. LEXIS 7700, 2016 WL 270205 (S.D. Ohio 2016).

Opinion

OPINION AND ORDER

JAMES L. GRAHAM, United States District Judge

Plaintiff John Doe seeks to enjoin, on due-process grounds, a preliminary meeting with officials of The Ohio State University (“OSU”) to .discuss alleged infractions of its'Student Code of Conduct. Because, among other things, Doe is unlikely to succeed on the merits of his claims, the Court DENIES Doe’s Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 3).

“In granting, or refusing an interlocutory injunction, the court must similarly state the findings and conclusions that support its action.” Fed. R. Civ. P. 52(a)(2). Because the Court refuses Doe’s requested interlocutory injunction, what follows are the Court’s findings of fact and conclusions of law supporting the denial, as required by Rule 52.

I. Findings of Fact

A. Procédural History

Doe brings this action for: (1) a declaratory judgment that OSU lacks jurisdiction to investigate him and that in doing so it violated the United States and Ohio Constitutions and its own Sexual Harassment policy; (2) an injunction prohibiting the investigation of, or reporting of, any disciplinary or investigatory actions against Doe; and (3) damages, costs, and attorney’s fees. (Verified Am. Compl. at 9-13, doc. 13).

Doe filed his Motion for a Temporary Restraining Order and Preliminary Injunction on November 16, 2015. Doe sought to enjoin a “preliminary conference” set to be held with OSU officials on November 19, 2015. The Court held an initial telephone conference on November 17, 2015. The parties then agreed to postpone the preliminary conference, giving the parties ample time to research and brief the issues presented in the Verified Amended Complaint and the Motion and giving the Court [861]*861time to arrive at a reasoned decision. The matter is folly briefed and ripe for decision.

B. Factual Background

Doe is a student and student instructor at OSU. (Verified Am. Compl. at ¶ 4). The preliminary conference Doe seeks to enjoin was brought about as a result of a complaint by his ex-girlfriend, a student at Capital University (hereinafter, “Capital Student”). The two were romantically involved during the summer of 2015 but ended their relationship in late August 2015. (Pl.’s Mot. for TRO & Prelim. Inj. at 2, doc. 3). On October 1, 2015, the Capital Student reported to the Capital University Police that she was being sexually harassed by an ex-boyfriend who posted pictures of her to a public website. (Verified Am. Compl. Ex. 4 at 1, doc. 1-7). The Capital University Police took no enforcement action, but on October 8, 2015, the Dean of Students at Capital University sent Doe a letter informing him of the allegations and that he was “no longer welcome to visit this university without my express permission.” (Verified Am. Compl. Ex. 5 at 1, doc. 1-8). On October 4, 2015, the Capital Student filed a police report with the Dublin Police Department, which contains the following report of her allegations:

“her ex-boyfriend, [REDACTED] posted her phone number and pictures of her on various social media websites after their breakup. [REDACTED] also posted a photoshopped picture of [REDACTED] face on an unknown female’s naked body— On October 1st, she found out that her contact information from various social media sites.. .as well as her cell phone number was posted on a website named 4chan.... Due to her information being posted on this website, [REDACTED] stated recieving (sic) text messages from random phone numbers, asking how old she was, and requesting to chat with her.”

(Verified Am. Compl. Ex. 6 at 3, doc. 1-9). The Dublin Police Department took no enforcement action and considered the case closed. (Id. at 4).

On October 26, 2015, Doe received a letter from the OSU Office of Student Life informing him that “Student Conduct has received information regarding an incident in which you may have been involved. It is alleged you have violated The Ohio State University’s Code of Student Conduct. Therefore, it is requested you set up a preliminary conference.” (Verified Am. Compl. Ex. 1, at 1, doc. 1-4). This “request” has some teeth, as the same letter informed Doe that “Failure to do so [by November 2, 2015] will result in a disciplinary hold being placed on your student account.. .[which] may prevent you from scheduling classes, viewing grades, receiving transcripts and diplomas, or receiving refunds.” (Id.). Attached to the letter were the Statement of Student Rights and an outline of OSU’s Hearing Procedures. (Id. at 3-6). OSU informed Doe it was alleged he violated three sections of the Code of Student Conduct: Stalking, Sexual Harassment, and. Sexual Exploitation. (Id. at 1). The letter is not a notice to Doe of disciplinary charges being brought against him; OSU states that the purpose of the preliminary conference “is to gather information to determine whether charges are warranted.” (Id.).

C. OSU’s Policies & Procedures

Accompanying the October 26 letter, OSU attached two documents: one entitled “Statement of Student Rights” and another entitled “Hearing Procedures.” (Id. at 3-6). The Statement of Student Rights describes the process for- administering notice of university charges and the hearing [862]*862processi (Id. at 3-5). The Hearing Procedures describe just that, such as who may attend, what may be presented, what standards are employed, and when expedited review is appropriate. (Id. at 6).

The Code of Student Conduct is the comprehensive set of rules governing student conduct at OSU, and it "contains the provisions laid out in the Statement, of Student Rights and the Hearing Procedures documents sent to Doe. It 'starts with a section entitled “Jurisdiction,” which states: “The code applies to the on-campus conduct of all students.... The code also applies to the off-campus conduct of students.. .in direct connection with:... E. Any activity in which a police report has been filed____” (Verified Am. Compl. Ex. 2 at 1, doc. 1-5). One category of “Prohibited Conduct” is “Sexual Misconduct,” which OSU defines generally as “[plhysical contáct or other non-physical conduct of a sexual nature in the absence of clear, knowing "and voluntary consent.” (Id. at 3). Other sections of the Code prescribe the procedures for: initiating and investigating code violations, (3335-23-05), filing a complaint and initiating charges, (3335-23-06), providing notice of charges, (3335-23-07), an administrative decision, (3335-23-08), notice of a hearing and requesting postponement, (3335-23-09), hearing procedures, (3335-23-10), attendance, (3335-23-11), a record of proceedings, (3335-23-12), hearing bodies, (3335-23-13), sanctions, (3335-23-17), the appellate process, (3335-23-18), and the authority of the vice president of student life. (3335-23-22). (Id. at 6-15).

II. Conclusions of Law

Doe moves for a temporary restraining order and a preliminary injunction.

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Bluebook (online)
136 F. Supp. 3d 854, 2016 U.S. Dist. LEXIS 7700, 2016 WL 270205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-ohio-state-university-ohsd-2016.