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Doe v. Union College

Rape Victim's Contract Breach, Deliberate Indifference Claims Against College Survive

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MEMORANDUM DECISION AND ORDER I. Introduction   Plaintiff, a Union College student who is identified by the pseudonym Jane Doe, commenced this action on March 1, 2019 against defendants Union College, the Board of Trustees of Union College, Melissa A. Kelley, Trish Williams, and Darcy A. Czajka (collectively, hereinafter “University defendants”), and Alpha Chapter of Theta Delta Chi International Fraternity at Union College (hereinafter “TD Chi”). (Am. Compl., Dkt. No. 19.) Plaintiff asserts five causes of action against University defendants: (1) discrimination in violation of Title IX1: sexually hostile culture; (2) gender discrimination in violation of Title IX: deliberate indifference; (3) negligence; (4) intentional and/or negligent infliction of emotional distress; and (5) breach of contract. (Id.

241-82.) Plaintiff asserts two causes of action against TD Chi: (1) negligence, and (2) intentional and/or negligent infliction of emotional distress. (Id.) Before the court is University defendants’ and TD Chi’s motions to dismiss. (Dkt. Nos. 23, 31.) For the following reasons, University defendants’ motion to dismiss is granted in part and denied in part, and TD Chi’s motion to dismiss is granted. II. Background A. Facts2 On or about September 3, 2017, plaintiff, having arrived early to campus for a pre-orientation leadership program, attended a party at the all-male fraternity TD Chi. (Am. Compl.

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