Court reinstates student’s retaliation charge against university

A federal appeals court reinstated a retaliation charge filed by a Syracuse University student who complained about her treatment by the university’s deputy athletics director and a coach in connection with her response to a fellow student’s sexual abuse.

The 2nd U.S. Circuit Court of Appeals in New York, however, affirmed the dismissal of deliberate indifference and hostile environment charges under Title IX of the Civil Rights Act of 1964, according to the ruling in Jane Doe v. Syracuse University, John Wildhack, and John Desko.

Ms. Doe, who played lacrosse for the university, said in her complaint that in discussing with a coach that she was considering transferring to a new school after the abuse, she was encouraged to think about leaving; told she should do what makes her happy; and implied she should not return to Syracuse by asking if she was happy when she visited her family’s home.

In reinstating the retaliation charge, a three-judge appeals court panel said Ms. Doe “plausibly alleged that a deputy athletics director and a coach had messaged Ms. Doe and made intimidating statements and messaged she was no longer welcome at Syracuse University athletics.

“Doe has plausibly alleged that these conversations were threats that ‘could well dissuade a reasonable (student) from making or supporting a charge of discrimination,’” the ruling said, in citing an earlier case.

“Moreover, it is plausible that these threats were made in retaliation for her sexual assault reporting or anticipated pursuit of legal action” against the university, it said, in remanding the case for further proceedings on the retaliation claim.

Attorneys in the case did not respond to requests for comment.