John Doe v. Tulane University Case No. 2013-CA-0696
In September 2009 plaintiff I.F., a Tulane University student, was accused of raping fellow student K.K., who had filed complaints with Tulane as well as with the local police. Although the plaintiff was arrested and charged with simple rape and false imprisonment, he eventually was acquitted on all charges without providing a defense. After his acquittal, Tulane conducted a three-day disciplinary proceeding in which the plaintiff was found guilty of “sexual misconduct” based on “clear and convincing” evidence that he knew or should have known K.K. was intoxicated. Plaintiff appealed the finding claiming (a) there was new evidence he could not have discovered before the disciplinary hearing; (b) procedural errors had deprived him of a fair hearing; and (c) Tulane’s decision was arbitrary and capricious. Tulane denied plaintiff’s appeal and he was suspended his senior year, forbidden from any contact with K.K., placed on disciplinary probation through graduation, prohibited from being a member of a fraternity, holding any office or studying abroad and required to participate in counseling. Court ordered Tulane University to reverse I.F.'s dismissal on 2014-12-23
On a weekend night in 1993, Jane Roe instigated sexual activity with John Doe. After admitting to school police that the activity was consensual, Roe filed a complaint to the school the next day. After losing the appeal, Roe sued the school claiming an infringement on his due process. Tulane forced that since the school is a private institution the public courts have no judiciary influence over the internal proceedings.