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DOE v. UNIVERSITY OF DENVER

No. 18-1162.

952 F.3d 1182 (2020)

John DOE, Plaintiff-Appellant, v. UNIVERSITY OF DENVER; University of Denver Board of Trustees; Rebecca Chopp, individually and as agent for University of Denver; Kristin Olson, individually and as agent for University of Denver; Jean McAllister, individually and as agent for University of Denver; Kathryne Grove, individually and as agent for University of Denver; Eric Butler, individually and as agent for University of Denver, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED March 9, 2020.

Attorney(s) appearing for the Case

Philip A. Byler of Nesenoff & Miltenberg, LLP, New York, New York ( Andrew T. Miltenberg , Stuart Bernstein , Tara J. Davis , and Jeffrey Berkowitz of Nesenoff & Miltenberg, LLP, New York, New York, and Michael J. Mirabella and Patricia Mellen of Michael J. Mirabella, P.C., Denver, Colorado, with him on the briefs), for Plaintiff-Appellant.

Jim Goh ( E. Rayner Mangum with him on the brief), Constangy, Brooks, Smith & Prophete, LLP, Denver, Colorado, for Defendants - Appellees.

Judge BACHARACH joins the opinion except for footnote 18.

This appeal involves the fairness of sexual-misconduct disciplinary proceedings at colleges and universities. In the district court, Plaintiff John Doe asserted that the disciplinary proceeding brought against him by Defendants, the University of Denver ("DU") along with several of its employees, violated his rights under the...

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