United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE
before the Court is a Motion to Dismiss Plaintiff's
Complaint filed by Defendants Southern Illinois University at
Edwardsville and Randall Pembrook (Docs. 10 and 11).
L.M., was a male student at Southern Illinois University at
Edwardsville (“SIUE”) (Pl.'s Compl., Doc.
1-1, ¶ 1-5). For months prior to October 15, 2017, L.M.
had a strictly sexual relationship with a female student, C.M.
(Doc. 1-1, ¶ 1-5). On October 15, 2017, C.M. went to
L.M.'s apartment where they drank alcohol and had sex
three times (Id.).
one month later, C.M. went to SIUE authorities and disclosed
that she had been sexually assaulted on October 15, 2017
(Id. at ¶ 7). An investigation into the sexual
assaults began in April 2018 (Id.). On April 25,
2018, SIUE's Associate Dean Shustrin issued a written
investigation report finding L.M. had sex with C.M. at times
when, due to C.M.'s ingestion of alcohol, she was unable
to give knowing consent (Id. at ¶ 8). L.M.
appealed the investigator's findings of two incidents of
guilt (Id. at ¶ 13).
appeal went to SIUE's Sexual Harassment Panel
(“Panel”), which held a hearing with live
testimony on May 18, 2018 (Id.). L.M. complains
about the procedures of this hearing including: L.M.'s
lawyer being unable to speak during the proceeding,
L.M.'s lawyer being unable to conduct direct or cross
examinations of witnesses, and the Panel's handling of
the cross-examination questions that L.M.'s counsel
submitted to them (Id. at ¶ 17-21).
4, 2018, the Panel issued its report of findings
(Id. at ¶ 22). Specifically, the Panel found
L.M. guilty of sexual harassment of C.M. at 2:00 a.m. on
October 15, 2017 (Id. at ¶ 23). The Panel found
L.M. innocent of sexual harassment at 4:00 a.m. and 10:00
a.m., which were the other two times L.M. and C.M. had sex on
October 15, 2017 (Id.).
appealed the Panel's decision to Chancellor Pembrook.
Chancellor Pembrook, also a defendant in this case, upheld
the Panel's decision to discipline L.M. and stated that
L.M. “has received all due process rights afforded by
University policy.” (Id. at ¶ 25).
23, 2018, L.M. filed suit in Madison County state court, and
the case was removed here on August 30, 2018 (Doc. 1).
L.M.'s Complaint alleges the following six counts:
Count I - Declaratory Judgment under 42
U.S.C. § 1983 that SIUE's sex harassment policies
and procedures violate due process and violated L.M.'s
Count II - Injunctive Relief under 42 U.S.C.
Count III - In the alternative, an award of
Compensatory Damages under 42 U.S.C. § 1983;
Count IV - Violation of Title IX, 20 U.S.C.
§ 1681, et seq.-Disparate Treatment Based on
Count V - Violation of Title IX, 20 U.S.C.
§ 1681, et seq.-Disparate Impact Based on ...