John Doe v. University of South Florida, Case No. 8:15-cv-682-T-30EAJ
The University of South Florida had sent notice via email (twice and with “high importance”) to a student who had been accused of sexual assault and requested his participation in the investigation and disciplinary process. The student deleted the emails without reading them because he did not recognize the name of the sender, resulting in his summary expulsion. The student brought a due process and a Title IX claim against USF, both of which were dismissed. The court rejected his due process claim on the grounds that it was premature to sue the university for lack of due process without first going through all of the appeal procedures the university provides.