Interactive Spreadsheet of Lawsuits Against Universities
In 2016, SAVE published the first-ever quantitative analysis of due process lawsuits against universities. Lawsuits Against Universities for Alleged Mishandling of Sexual Misconduct Cases analyzed the first 30 lawsuits that had been decided at least partly in favor of the accused student.
Four years later, SAVE published a more comprehensive and detailed resource. Compiled by Benjamin North, the “Analysis of Lawsuits Against Universities with Positive Interim or Final Rulings for the Accused Student” lists 138 cases, representing over four times as many lawsuits as SAVE’s 2016 report, and provides greater analytic detail. The information is based on the judicial opinions/orders, not on the litigation documents from either side.
The interactive spreadsheet can be accessed HERE.
HOW TO USE THE INTERACTIVE SPREADSHEET
The spreadsheet consists of 105 columns, which are divided into three sections (see Column Descriptions at bottom of this page):
- Columns A-I: Case Information
- Columns J-BF: Causes of Action
- Columns BG-DA: Significant Allegations of Fact
At the top of each column is a downward arrow that allows the user to search for the cases of interest. Click on the arrow, then follow these steps:
- Unclick these boxes:
- Select All
- None
- Any other boxes that are not of interest
- Click the desired Sort button: Sort A to Z, or Sort Z to A
- Press the OK button to accomplish the search
- To clear the search, click on the Clear Filter icon
For example, scrolling to the “State of School” column and then selecting on “Florida” yields these cases:
Using this search strategy, the user can identify cases of interest based on a variety of legal and other criteria.
COLUMN DESCRIPTIONS
Following is a description of each column:
| COLUMN LETTER | DESCRIPTION |
| A. | Case Caption |
| B. | Citation (if available) |
| C. | Date of referenced Decision |
| D. | Judge’s last name, first name |
| E. | Court |
| F. | State of School |
| G. | Public or Private School |
| H. | Appellate History |
| I. | Status |
| J. | Constitutional Due Process |
| K. | Equal Protection |
| L. | Procedural Posture |
| M. | State Constitutional Due Process |
| N. | Promissory Estoppel |
| O. | Negligence (type) |
| P. | Libel |
| Q. | Slander |
| R. | Other Defamation |
| S. | Common Law Associations |
| T. | Reckless and Wanton Misconduct |
| U. | Privacy/Publication of Private Fact |
| V. | NIED (Negligent Infliction of Emotional Distress) |
| W. | IIED (Intentional Infliction of Emotional Distress) |
| X. | Malicious Prosecution |
| Y. | Civil Conspiracy |
| Z. | Fraud |
| AA. | False Imprisonment |
| AB. | Intentional Interference with Advantageous Third Party Relations/Tortious Interference with Contract |
| AC. | Deliberate Indifference |
| AD. | Erroneous Outcome |
| AE. | Sex Discrimination/Unspecified Title IX |
| AF. | Selective Enforcement |
| AG. | Hostile Environment |
| AH. | Archaic Assumptions |
| AI. | Retaliation |
| AJ. | Plausible inference |
| AK. | 1981 |
| AL. | 1983 |
| AM. | 1985 |
| AN. | 1986 |
| AO. | 1988 |
| AP. | Title VI |
| AQ. | Federal APA |
| AR. | State APA |
| AS. | MCRA |
| AT. | OUTPA |
| AU. | NYHRL |
| AV. | NYCRL |
| AW. | DCHRA |
| AX. | NJ SA (NJ anti-discrimination) |
| AY. | RICRA (RI anti-discrimination) |
| AZ. | Breach of Contract |
| BA. | Implied Covenant of Good Faith and Fair Dealing |
| BB. | Deceptive Business Practices |
| BC. | Spoliation – adverse inference |
| BD. | Injunctive Relief to expunge record |
| BE. | Injunctive Relief to change school policy |
| BF. | CA Civ. Pro. §1094.5 Writ of Mandate – Private |
| BG. | Biased Orientation |
| BH. | Biased Training |
| BI. | “Trauma-informed” |
| BJ. | Biased Student Handbook |
| BK. | Biased presentations/protests on campus |
| BL. | Biased University Website |
| BM. | Disciplined for private conversation w professor |
| BN. | Plaintiff mistakenly admitted to misconduct |
| BO. | Sua Sponte Investigation by University |
| BP. | Inaccurate Investigative Report |
| BR. | Biased Hearing Board |
| BS. | Impaired right to counsel |
| BT. | Board told low false accusation state |
| BU. | Hearing Board told to assume rape |
| BV. | Administration withheld evidence from accused |
| BW. | Hearing Board did not read Investigative Report |
| BX. | Biased Adjudicator |
| BY. | OCR Pressure |
| BZ. | At interview, no details of accusation |
| CA. | Accused not allowed to see Investigative Report |
| CB. | Hostile treatment of accused |
| CC. | Affirmative Consent |
| CD. | “The Hunting Ground” |
| CE. | University did not notify accused of appeal process, then denied appeal as untimely |
| CF. | Impaired ability to call witnesses |
| CG. | University did not investigate accused’s witnesses |
| CH. | Impaired cross examination |
| CI. | Impaired ability to present evidence |
| CJ. | Accuser and all of their witnesses did not attend hearing |
| CK. | Accused has disability |
| CL. | Accused filed counter-Title IX complaints |
| CM. | Independent Single Adjudicator |
| CN. | Former Judge as adjudicator |
| CO. | Single Investigator Model |
| CP. | Improper review of appeal |
| CQ. | University exceeded time limit |
| CR. | University asked accuser(s) to file complaint |
| CS. | Third party complainant |
| CT. | 2+ Accusers |
| CU. | Consolidated accusers’ claims |
| CV. | Accused not a student |
| CW. | Accuser not a student |
| CX. | ROTC |
| CV. | Police Identification Issues |
| CZ. | Banned from campus in interim |
| DA. | No contact order |