Legal Advocacy Fund Cases

Case adopted 5/05

Case History
Jane Doe, a student at Berry College in Georgia, sued the college for sexual harassment and assault in violation of Title IX of the Education Amendments of 1972 and other claims in violation of Georgia state law. Doe claims that a male student at Berry sexually assaulted her in fall 2001, shortly after he began his studies at the college. Doe alleges that she complained to campus police, who directed her to an administrator who took no action. She states that the male student continued to assault, harass, and stalk her until spring 2003, when she took leave from the university to study abroad. Doe indicates that her roommates complained to college officials about the male student’s harassment of her, as did a group of parents and students, who met with college officials several times to complain about the incidents. Doe maintains that despite these complaints, Berry College did not take any action against the male student, and irresponsibly allowed him to work in the student financial aid office after learning of his behavior, where he obtained personal financial information about her.

Doe claims that while on leave in spring 2003, the male student raped another female student at Berry (Doe2) and attempted to rape another (Doe3). Both Does 2 and 3 have maintained that they complained to college officials, who took no action. Additionally, Doe2 reportedly obtained a restraining order against the male student from campus police, though the college took no action to enforce the order.

Doe alleges that in February 2004, after returning to Berry, the male student attacked, tortured, and raped her. In April of that year, Doe, Doe2, and Doe3 learned about each other’s incidents with the male student. The three female students thereafter coordinated a complaint about the male student to college officials. Ultimately, Doe2 and Doe3 filed the complaint and cited Doe and another female student as other victims of the male student. Doe claims that at that time, Berry did not have a policy against sexual assault; however, the students asserted that the male student violated the school’s sexual harassment policy.

Berry’s judicial board held a hearing regarding the charges against the male student. Doe states that in this hearing, which lasted nine hours, college officials allowed the male student to question his alleged victims directly, who were not allowed to have legal representation. The day following the hearing, the college formally notified the male student that the judicial board found him guilty of all charges and gave him demerits in a quantity well over that needed for expulsion. However, the college decided to dismiss him at the end of the academic year and allowed him to complete his classes and exams. The male student appealed the college’s decision to an appeal board, which dismissed one of the charges against him and recommended that the judicial board rehear the other charges. The appeal did not proceed because the male student voluntarily withdrew. Doe claims that he received no penalty of record.

Doe alleges that Berry officials had actual notice of the male student’s harassment and assault of her and acted deliberately indifferent to her claims. She filed a complaint in November 2004 in federal court. The alleged perpetrator has counterclaimed against Doe and has sued Berry College.

In December 2007,  the federal court dismissed Doe's claims against Berry College without prejudice. 

Key Case Issues
Sexual harassment and assault in violation of Title IX of the Education Amendments of 1972.