Case Law Update: Dyshawn Pierre v. University of Dayton
CASE LAW UPDATE
Dyshawn Pierre v. University of Dayton
(2015 WL 6125303, United States District Court, S.D. Ohio, Western Division) October 19, 2015
In this case, the student Plaintiff claimed that his rights under Title IX and the Americans with Disabilities Act (ADA) were violated. The Plaintiff requested a temporary restraining order to prevent his one semester suspension from the University from taking effect. The Plaintiff further sought to vacate the University Hearing Board’s (UHB) decision that he violated the College’s sexual harassment policy. The facts of the case revealed that the Plaintiff and the complaining female student were voluntarily in the Plaintiff’s dorm room and had sexual intercourse. The female complaining student filed a complaint ten (10) days later with the University as well as a police report.
The Plaintiff was notified of the complaint and was advised that the University’s Title IX Officer would be investigating. The Plaintiff was given a copy of the complaint and a description of procedures and protocols regarding the investigation. The Plaintiff chose to supply a written statement to the Title IX investigations because of the pending criminal investigation. Two University Law School Professors who had completed specialized training by the Association of Title IX Administrators conducted the investigation. The Investigators took a statement from the complaining witness and interviewed witnesses identified by her as having relevant knowledge. The Investigators also received the Plaintiff’s statement and text messages, University Student Health Center records and University of Dayton Police Report. The Plaintiff was given the opportunity to submit additional information. Ultimately, the Investigators recommended that the entire matter be sent for an Accountability Hearing to determine if the Plaintiff was responsible for violating the sexual harassment section of the Code of Conduct. The Plaintiff had an attorney for the hearing who was only allowed to serve in an advisor capacity. The Hearing Board found that the Plaintiff violated the Student Code of Conduct and issued a one semester suspension of the Plaintiff.
The Plaintiff then sued in Federal Court and requested a temporary restraining order to prevent his suspension. The Plaintiff’s Motion for a Temporary Restraining Order was denied. The Court found that because the Plaintiff only brought up his alleged disability and any need for accommodation after his hearing, the University did not have proper notice of the Plaintiff’s need for an accommodation. The Court further found that the Plaintiff had received adequate due process protections and that the disciplinary process was fundamentally fair. Finally, the Court found that the Plaintiff was not irreparably harmed because he could re-enroll after the suspension was served.
Patrick R. Sturdy is a partner in our Livonia office where he concentrates his practice on intellectual property, business law, education law, and employment and labor law. He may be reached at (734) 261-2400 or psturdy@cmda-law.com.
CMDA Law
Recent Posts
- Michigan Expands its Earned Sick Time Law and Increases Minimum Wage
- Richards’ Article on Medicaid Estate Recovery Featured in Urban Aging News
- Jim Acho Guest on WJR Morning and Afternoon Shows to Discuss New NCAA NIL Lawsuit
- Jim Acho Files Landmark NCAA Class Action Suit
- Livonia Attorneys Participate in Detroit Mercy Law School’s On-Campus Interviews
Recent Comments
Archives
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- November 2021
- October 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- July 2012
- June 2012
- May 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- June 2011
- March 2011
- February 2011
- October 2010
- August 2010
- January 2010
- January 2009
- September 2008
- June 2008
- May 2008
Categories
- 50th Anniversary
- Allan C. Vander Laan
- Appeals and Litigation
- Appeals and Litigation Articles
- Barbara M. Moore
- Business Law
- Business Law Articles
- Carol A. Smith
- Christopher G. Schultz
- Community Association & Real Estate Law Practice Group
- Community Association and Real Estate Law Articles
- Community Association Law
- Daniel W. Ferris
- Douglas Curlew
- Education Law
- Education Law Articles
- Employment and Labor Law
- Employment and Labor Law Articles
- Estate Planning and Elder Law
- Estate Planning and Elder Law Articles
- Firm News
- Gary D. Klein
- Gerald C. Davis
- Gregory A. Roberts
- Gregory R. Grant
- Haider A. Kazim
- Insurance Defense
- Insurance Defense Articles
- Isa M. Kasoga
- Jacklyn P. Paletta
- James R. Acho
- James W. Taylor II
- Jeffrey R. Clark
- Joel Ashton
- John "Jay" Gillen
- John D Gwyn
- John M. McFarland
- Joshua J. Cervantes
- Kenneth M. Gonko
- Kevin J. Campbell
- Kimberly M. Coschino
- Kristen L. Rewa
- Latest News
- Law Enforcement Defense and Litigation Articles
- Law Enforcement Litigation and Defense
- Linda Davis Friedland
- Litigation
- Margaret A. Lourdes
- Matthew C. Wayne
- Matthew W. Cross
- Michael O. Cummings
- Michelle L. Richards
- Municipal Law
- Municipal Law Articles
- News & Events for Business Law
- News & Events for Municipal Law
- News Archive
- Norman E. Richards
- Owen J. Cummings
- Patrick R. Sturdy
- Plaintiff's Personal Injury
- Plaintiff’s Personal Injury Articles
- Presentations & Articles
- Published Articles
- Ray E. Richards II
- Real Estate Law
- Robert J. Hahn
- Robert L. Blamer
- Ronald G. Acho
- Ryan D. Miller
- Sarah L. Overton
- Shane R. Nolan
- Stanley I. Okoli
- Stephen C. Johnston
- Suzanne P. Bartos
- Timothy S. Ferrand
- Uncategorized
- Utility Law
- Utility Law Articles