ROSSLEY v. DRAKE UNIVERSITY

No. 18-3258.

979 F.3d 1184 (2020)

Thomas ROSSLEY, Jr. Plaintiff-Appellee v. DRAKE UNIVERSITY, et al. Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 5, 2020.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Philip Arwood Byler , of New York, NY. The following attorney(s) appeared on the appellant brief; David Harris Goldman , of Des Moines, IA., Andrew Miltenberg , of New York, NY.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Frances M. Haas , of Cedar Rapids, IA. The following attorney(s) appeared on the appellee brief; Frank Boyd Harty , of Des Moines, IA., Mary Elizabeth Funk , of Des Moines, IA.

Before COLLOTON, WOLLMAN, and BENTON, Circuit Judges.


Drake University and its Board of Trustees (Drake) expelled student Thomas Rossley, Jr. after university officials found that he had sexually assaulted a female student (hereinafter referred to as Jane Doe or Doe). Rossley sued Drake in an eight-count complaint, which alleged, as

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