Doe v. Liberty Univ.

635 F.Supp.3d 447

Jane DOE, Plaintiff, v. LIBERTY UNIVERSITY, INC., et al., Defendants.

Case No. 6:22-cv-21

United States District Court, W.D. Virginia, Lynchburg Division

Signed October 14, 2022

Drew B. LaFramboise, Erika Jacobsen White, Joseph, Greenwald & Laake, P.A., Greenbelt, MD, Rhonda Quagliana, Michie-Hamlett, PLLC, Charlottesville, VA, for Plaintiff.

Harold Edward Johnson, Amanda Bird-Johnson, Williams Mullen, Richmond, VA, for Defendant Liberty University, Inc.

John Ernest Falcone, Luke Joseph Malloy, III., Petty, Livingston, Dawson & Richards, Lynchburg, VA, for Defendant John Doe.

MEMORANDUM OPINION

NORMAN K. MOON, SENIOR UNITED STATES DISTRICT JUDGE

Jane Doe, a former Liberty University student, alleges that a Liberty student ("John Doe") raped and assaulted her at an off-campus housing complex called The Oasis.

Her Complaint alleges eleven causes of action. Dkt. 52 ¶¶ 232-352. Plaintiff brings a negligence claim against the four LLCs involved in managing the off-campus housing complex: Oasis2000, LLC; Blue2000, LLC; Sage Communities, LLC; and LP Apartments, LLC (collectively, "Oasis Defendants"). Against Liberty, Plaintiff raises (1) deliberate indifference in violation of Title IX, (2) retaliation in violation of Title IX, (3) sex-based harassment and creation of a hostile environment in violation of Title IX, (4) negligence, and (5) intentional infliction of emotional distress. Plaintiff also seeks injunctive and declaratory relief against Liberty. Against John Doe, Plaintiff alleges (1) false imprisonment, (2) assault, (3) battery, (4) stalking, and (5) intentional infliction of emotional distress. Oasis Defendants and Liberty bring motions to dismiss. Dkts. 55, 57. Liberty does not move to dismiss the Title IX claims.

On Defendants' motions to dismiss, the Court determines that Plaintiff has failed to state a plausible claim for negligence and intentional infliction of emotional distress against Liberty and for negligence against Oasis Defendants. The Court will dismiss Plaintiff's claims for injunctive and declaratory relief.

I. Facts

The Amended Complaint alleges the following facts, which for purposes of the motions to dismiss must be assumed true. See King v. Rubenstein, 825 F.3d 206, 212 (4th Cir. 2016) (reiterating the appropriate standard of review).

Following a party in the common area of The Oasis on April 27, 2021, Plaintiff went to her room to change clothes. Dkt. 52 ¶¶ 75, 79, 84. John Doe followed her to her room, locked the door, and raped her. Id. ¶¶ 85-101. She managed to get to her phone and text a friend: "Come help me. [John Doe] won't stop." Id. ¶ 102. Her friends arrived and helped her escape. Id. ¶ 103. Within a few hours, she went to the Lynchburg General Hospital where she underwent a forensic examination and then filed a complaint with a Campbell County deputy sheriff. Id. ¶¶ 109-12.

A. Facts Relating to The Oasis

The Oasis is a "students only" off-campus housing complex located on Liberty Mountain. Id. ¶¶ 16-18. The housing complex is on land purchased by Oasis Defendants from Liberty. Id. ¶ 41. Liberty Mountain is emblazoned with Liberty University's letters—"LU"—and houses several entities associated with Liberty. Id. ¶ 17. Liberty advertises The Oasis and allows students to submit lease applications through its website. Id. ¶ 21. It shuttles The Oasis residents to and from campus. Id. ¶ 23.

The Oasis is "almost entirely open-air," "does not have any locked gates," and "does not have any trained security staff or personnel on-site." Id. ¶¶ 46-47. Its standard lease states that "[o]pen alcoholic and/or glass containers are not permitted outside the apartment, Kegs are not allowed in apartments or on the premises," and "[p]ossession of alcoholic beverages by a minor are not permitted in or around the apartment or premises." Id. ¶ 50. In January 2021, when Plaintiff signed a lease at The Oasis, she claims that she "was informed and led to believe that The Oasis was Liberty housing." Id. ¶¶ 30, 32. To qualify to live at The Oasis, she had to provide proof of enrollment at Liberty. Id. ¶ 33.

B. Facts Relating to Liberty

Plaintiff reported the rape to Liberty University Police Department ("LUPD") the day after it occurred. Id. ¶ 117. The LUPD officer with whom she spoke stated that he had already heard about the incident. Id. ¶ 118. Plaintiff claims that the officer "suggested that Plaintiff speak with Liberty's Title IX office, but that 'nothing is going to be done about this' and that 'the office isn't great.' " Id. ¶ 119. The officer informed Plaintiff that LUPD would not investigate the incident because it was outside of its jurisdiction. Id. ¶ 120.

Later that day, Plaintiff received an email from an investigator, Sarah Mahle, in Liberty's Title IX Office ("Office of Equity and Compliance"). Id. ¶ 122. Mahle stated in part: "I am reaching out to you based on some information recently reported to our office. According to information we received, you may have been sexually assaulted by [John Doe], this incident may be in violation of Liberty University's Discrimination, Harassment, and Sexual Misconduct Policy." Id. Plaintiff scheduled an intake appointment with the Title IX Office for May 6, 2021. Id. ¶ 123. When Plaintiff went to the scheduled appointment, the Office told her that Mahle was busy and could not meet and then offered her a pamphlet on counseling services and group therapy. Id. ¶ 126. Later that day, she received an email from Mahle stating, "[w]e missed you this morning at the Office of Equity and Compliance / Title IX for your scheduled intake appointment at 9am EST." Id. ¶ 127. The email invited Plaintiff to call the Office to schedule another appointment and stated that "[i]f we do not hear from you by Monday, May 10, 2021, we will set the matter aside at that time." Id. Plaintiff does not claim that she went to the office on that day, or otherwise contacted the office in the days that followed.

In the weeks following the rape, John Doe continued to contact and approach Plaintiff. Id. ¶ 131. She repeatedly told him to stop. Id. ¶133. Plaintiff reported his conduct to LUPD, which informed her that they could not act without a civil protective order. Id. ¶ 135.

On May 21, 2021, Plaintiff received an email from Scott Busby, an associate director of Liberty's Office of Community Life, about John Doe's "violation of [Liberty's] substance use policy." Id. ¶¶ 139, 141. Three days later, Plaintiff received an email from another associate director of the Office of Community Life, Leanne Gifford. Id. ¶ 142. Gifford informed Plaintiff that she was scheduled for a virtual meeting on May 26, 2021 "to discuss [her] alleged involvement with substances as a Liberty student." Id.

After some follow-up, Plaintiff met with Busby and Gifford. Id. ¶¶ 145-47. They asked Plaintiff about John Doe's "alleged substance use" at the party but refused to discuss the rape. Id. ¶¶ 148-50. They did, however, ask Plaintiff whether she had been drinking. Id. ¶ 151. After the meeting, Gifford emailed Plaintiff that she was required to take a five-panel hair test for alcohol and substance use. Id. ¶ 152. A day or two later, Plaintiff was informed that she was being placed on academic probation because of her poor grades from the semester. Id. ¶ 154.

Plaintiff again met with Busby and Gifford on June 3, 2021. Id. ¶ 157. The following day, Gifford emailed Plaintiff that she would be required to take a substance use test when she returned for the fall semester. Id. ¶ 158. Gifford informed Plaintiff that she was being disciplined for violating "Liberty's policy on Participation at a Social Gathering where alcohol [was] being served based on several photographs where [Plaintiff was] pictured with others who [were] holding alcoholic beverages in their hand." Id. ¶ 159. Plaintiff was issued a "Discipline Report," and received a punishment of fifteen hours of community service and fifteen "points" in Liberty's internal disciplinary system. Id. ¶ 160.

On June 8, 2021, Plaintiff followed up with the Title IX Office, saying that she continued to have "a huge issue with a guy on campus who assaulted [her]." Id. ¶ 163. She stated that she had tried talking about it with the Office of Community Life who would "not do anything about it." Id.

On June 11, 2021, Plaintiff underwent a drug test, which yielded negative results. Id. ¶ 164. But Gifford deemed it inadequate and ordered Plaintiff to take another drug test during the fall semester. Id.

A few weeks later, Plaintiff learned that John Doe remained a student at Liberty and would be residing in the same off-campus housing as Plaintiff during the fall 2021 semester. Id. ¶ 165. She asked Liberty to change her housing accommodations and set up a meeting for July 27, 2021 with the Title IX Office. Id. ¶¶ 166-67. At the meeting, she met with Mahle, who "did not seem to know details of the rape and assault." Id. ¶ 169. Mahle offered to request a "letter of apology" from John Doe. Id. ¶ 170. Mahle then walked through the formal investigatory process with Plaintiff. Id. ¶ 171. Plaintiff decided not to proceed with that process because it would require her to meet face-to-face with John Doe. Id. ¶¶ 172-73. Plaintiff then requested a "no-contact directive" be sent to John Doe, to which Liberty agreed. Liberty sent the no-contact directive to John Doe that same day, July 27. Id. ¶¶ 173, 175.

In early September, Gifford reached out again to Plaintiff and ordered her to take a drug test the following day. Id. ¶ 184. Plaintiff refused. Id. ¶ 186. About a week later, another Liberty administrator reached out and said that Liberty would "grant [her] grace in this instance and not require a test at this time." Id. ¶ 189. Plaintiff had no further contact with Liberty about the assault and rape. Id. ¶¶ 190-91.

On December 30, 2021, Plaintiff learned she was being placed on academic suspension and would be suspended from Liberty for the spring 2022 semester. Id. ¶¶...