Seattle Attorneys Blog
Alleged victims of sexual misconduct are often allowed to proceed in their Title IX lawsuits under a pseudonym, but courts have recently been split on whether to allow accused students filing Title IX lawsuits based on the school’s investigatory or disciplinary processes to do the same. A federal court in Colorado recently decided to allow a male student accused of sexual misconduct to proceed with his lawsuit against the university and related defendants under the pseudonym “John Doe.”
The plaintiff was a student at a Colorado university who filed suit against the university and related defendants following an accusation that he had sexual contact with a child during behavioral therapy school. He alleged the investigation did not provide him with due process and was biased against him based on his sex. He alleged violations of due process rights and Title IX and other causes of action.
He filed a Motion for Leave to Restrict Access Pursuant to D.C.COLO.LCivR 7.2, seeking to proceed anonymously “due to the highly personal, sexually explicit, and confidential nature of the allegations” and concerns for reprisal that could affect his education and result in academic, financial, or mental harm.
The court noted that lawsuits are generally public and the Federal Rules of Civil Procedure require complaints to name the parties and lawsuits to “be prosecuted in the name of the real party in interest.”
The court noted that plaintiffs in the 10th Circuit are generally only allowed to proceed under a pseudonym in “exceptional cases” that involve “matters of a highly sensitive and personal nature”; a plaintiff threatened with “real danger or physical harm”; or injury litigated against being incurred due the party’s identity being disclosed. Doe v. Regents of Univ. of Colo.
The court noted that plaintiffs are rarely able to show that they face imminent danger. The court concluded, however, that the plaintiff had shown that “the injury litigated against would be incurred as a result of the disclosure of his identity.” Femedeer v. Haun. The plaintiff alleged he experienced professional and reputational harm as a result of the allegedly unfair and biased investigation and resulting expulsion. He alleged that the expulsion impaired his ability to enroll in another university. He argued his lawsuit sought to remedy the type of harm that disclosure of his identity would “exacerbate.”
The plaintiff cited a number of Colorado cases involving alleged sexual assault in which the district court allowed the plaintiff to proceed anonymously. The court concluded the plaintiff’s interest in remaining anonymous outweighed the public interest in open access to court proceedings. The court concluded he showed “the very reputational harm he is litigating against would be incurred if he is identified. . .” The court pointed out the plaintiff’s Complaint and Amended Complaint would be unrestricted, allowing the public access to information regarding the allegations and the university’s investigation.
The court granted the plaintiff’s motion and allowed the plaintiff to proceed under a pseudonym.
Whether a plaintiff who has been accused of sexual misconduct will be permitted to proceed anonymously depends both on the jurisdiction and the circumstances of the case. If you are facing sexual misconduct allegations from your school, you should seek the guidance of a skilled Washington Title IX defense attorney right away to protect your rights during the investigation and disciplinary proceedings and to be prepared to act promptly if needed. Blair & Kim, PLLC, is also experienced in criminal defense and can assist in related criminal matters. Schedule a consultation at (206) 622-6562.