Can You Sue Your University Anonymously?

Many Florida college students find themselves facing university disciplinary proceedings over allegations of sexual assault, sexual harassment, and underage drinking. Unlike a criminal trial, a student’s due process rights in these proceedings are often severely limited. But in some cases, the student may have the right to initiate their own legal action against their school if they were deprived of even basic due process rights, or school officials otherwise acted in violation of federal law.

Federal Court Says “John Doe” Must Use Real Name to Sue Florida Gulf Coast University

Due to fear of publicity and reprisal, many students who elect to sue their schools wish to do so anonymously, i.e., as a “John Doe” or “Jane Doe” plaintiff. There is, however, no automatic right to file a lawsuit anonymously. As a general rule, federal court rules require a complaint to “name all the parties” to a lawsuit. The burden is on the student to show there is a “substantial privacy right” that outweighs this requirement.

In one recent case, Doe v. Florida Gulf Coast University Board of Trustees, the United States 11th Circuit Court of Appeals upheld a trial court’s decision refusing a “John Doe” plaintiff to proceed with his lawsuit anonymously. The underlying lawsuit arises from a complaint filed by a “Jane Roe” alleging that John Doe sexually harassed her “by having sex with her when she was too intoxicated to consent.”

Both parties attended Florida Gulf Coast University (FGCU). Jane Roe filed a Title IX complaint with FGCU officials. According to John Doe, FGCU then held an internal disciplinary proceeding, which found him “responsible” for sexual harassment. As a result, the university suspended John Doe and placed him on disciplinary probation. After exhausting the university’s internal appeals process, John Doe then filed separate lawsuits against FGCU in both state and federal court.

The federal lawsuit alleged FGCU violated John Doe’s due process rights, Title IX, and constituted a breach of contract. John Doe asked the district court for permission to proceed anonymously. As previously noted, the court denied that request, and the 11th Circuit declined to reverse that decision.

As the 11th Circuit explained in its opinion, the “first step” in deciding whether a plaintiff may proceed anonymously in federal court requires consideration of three factors:

• Is the plaintiff challenging a government activity?
• Would the plaintiff be compelled, absent anonymity, to disclose information of the utmost intimacy?
• Would the plaintiff be compelled, absent anonymity, to admit an intent to engage in illegal conduct and thus risk criminal prosecution?

Here, the 11th Circuit said the trial court answered “no” to the first and third questions. While FGCU is a public university, that did not make John Doe’s lawsuit a “challenge” to government activity. Nor would proceeding under his own name force him to admit engaging in illegal conduct, as he maintains he never sexually harassed Jane Roe.

Contact an Orlando College Campus Crime Lawyer Today

Allegations of criminal or otherwise illegal conduct can have a significant impact on your ability to continue with your pursuit of higher education. A qualified Orlando college campus crime lawyer can help you defend yourself against such charges. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

media.ca11.uscourts.gov/opinions/unpub/files/202313063.pdf