DOE v. VIRGINIA POLYTECHNIC INST. & STATE UNIV.

No. 22-1971.

77 F.4th 231 (2023)

Jacob DOE, Plaintiff-Appellant, v. VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY; Timothy David Sands, employee of Virginia Polytechnic Institute and State University, sued in his or her official and individual capacity, jointly and severally; Frank Shushok, Jr., employee of Virginia Polytechnic Institute and State University, sued in his or her official and individual capacity, jointly and severally; Katie Polidoro, employee of Virginia Polytechnic Institute and State University, sued in his or her official and individual capacity, jointly and severally; Ennis McCrery, employee of Virginia Polytechnic Institute and State University, sued in his or her official and individual capacity, jointly and severally; Kyle Rose, employee of Virginia Polytechnic Institute and State University, sued in his or her official and individual capacity, jointly and severally; Rohsaan Settle, employee of Virginia Polytechnic Institute and State University, sued in his or her official and individual capacity, jointly and severally; Kelly Oaks, employee of Virginia Polytechnic Institute and State University, sued in his or her official and individual capacity, jointly and severally; Angela Simmons, employee of Virginia Polytechnic Institute and State University, sued in his or her official and individual capacity, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: August 8, 2023.


Attorney(s) appearing for the Case

ARGUED: Benjamin Francis North , BINNALL LAW GROUP, PLLC, Alexandria, Virginia, for Appellant. Nathan Henry Schnetzler , FRITH, ANDERSON & PEAKE, PC, Roanoke, Virginia, for Appellees. ON BRIEF: Kay Heidbreder , University Legal Counsel and Senior Assistant Attorney General, M. Hudson McClanahan , Associate University Legal Counsel and Assistant Attorney General, Kristina J. Hartman , Associate University Legal Counsel and Assistant Attorney General, VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY, Blacksburg, Virginia, for Appellees.

Affirmed by published opinion. Chief Judge Diaz wrote the opinion, in which Judge Gregory and Judge Thacker joined.


After receiving a long suspension, Jacob Doe sued Virginia Polytechnic Institute and State University ("Virginia Tech") and several university officials, alleging that Virginia Tech's Title IX investigation, hearing, and appeal process denied him due process of law. The district court dismissed Doe's complaint, holding that he...

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