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Preliminary Injunction Against University Expulsion for Sexual Misconduct  

Author:  Roslyn K. Myers, J.D., M.A..

Source: Volume 18, Number 04, June/July 2017 , pp.53-54(2)

Sex Offender Law Report

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In federal court, a male student who had been charged with sexual assault while participating on a study abroad program and who was exonerated by the host institution and allowed to enroll for his final year at Middlebury College, then expelled when the alleged victim challenged the male student’s acquittal, was upheld in his suit against Middlebury, reinstated, and permitted to graduate with his class. The case raises a number of interesting jurisdictional and policy issues, including Middlebury’s decision to relitigate the case after, the John Doe alleged, it acquiesced to pressure from the alleged victim and the administrators at her college; also noteworthy was the court’s decision to grant preliminary injunctive relief, which the court noted is an extraordinary remedy that may be awarded only upon a clear showing of entitlement.

Keywords: Doe v. Middlebury College

Affiliations:  1: John Jay College of Criminal Justice and Fordham Law.

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